Second Regular Session Sixty-eighth General Assembly STATE ...

Second Regular SessionSixty-eighth General Assembly

STATE OF COLORADOREREVISED

This Version Includes All AmendmentsAdopted in the Second House

LLS NO. 12-0479.01 Kate Meyer x4348 HOUSE BILL 12-1283

House Committees Senate CommitteesJudiciary Judiciary

Appropriations

A BILL FOR AN ACT

CONCERNING THE DEPARTMENT OF PUBLIC SAFETY, AND, IN101

CONNECTION THEREWITH, RENAMING AND REORGANIZING102

CERTAIN EXISTING ENTITIES, AND MAKING AND REDUCING103

APPROPRIATIONS.104

Bill Summary

(Note: This summary applies to this bill as introduced and doesnot reflect any amendments that may be subsequently adopted. If this billpasses third reading in the house of introduction, a bill summary thatapplies to the reengrossed version of this bill will be available athttp://www.leg.state.co.us/billsummaries.)

The bill consolidates homeland security functions under thedepartment of public safety (department) by renaming the office of

SENATE

Amended 3rd Reading

May 9, 2012

SENATE

Amended 2nd Reading

May 8, 2012

HOUSE

3rd Reading Unamended

March 1, 2012

HOUSE

Amended 2nd Reading

February 29, 2012

HOUSE SPONSORSHIPBarker,

SENATE SPONSORSHIPGiron,

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.Capital letters indicate new material to be added to existing statute.Dashes through the words indicate deletions from existing statute.

preparedness, security, and fire safety the division of homeland security(new division). The new division is comprised of:

! The division of fire safety, which is renamed the office offire safety;

! The office of anti-terrorism planning and training, which isrenamed the office of prevention and security; and

! The new office of preparedness. The office of preparednessis charged with improving homeland security-relatedcommunication, identifying opportunities for trainingefficiencies, coordinating planning efforts, andadministering federal grants for homeland securityactivities.

For the purpose of advising the homeland security advisor, the billcreates the homeland security and all-hazards senior advisory committee(advisory committee) and schedules the advisory committee for sunsetreview.

The bill transfers the duties to develop a resource database(database) and a statewide resource mobilization plan (plan) from thedepartment to the division of emergency management within thedepartment of local affairs. The scopes of the database and the plan areexpanded to:

! Include all types of hazards, rather than fires alone; and! Add participation from tribal entities and private sector

organizations.As a result of the above reorganization, the bill also makes

conforming amendments to current law, which amendments includeremoving obsolete provisions, including references to the Colorado lawenforcement training academy, which no longer exists, and updatingstatutory language. Further, the bill adds 2 members to the fire servicetraining and certification advisory board to restore the board to its originalcomposition.

Be it enacted by the General Assembly of the State of Colorado:1

SECTION 1. Legislative declaration. (1) The general assembly2

hereby finds, determines, and declares that:3

(a) Homeland security, which includes identifying, preventing,4

mitigating, and handling threats to the public safety and providing5

effective response management, is one of government's most important6

responsibilities;7

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(b) The state's primary role in homeland security is to coordinate1

and facilitate efforts among various local, regional, state, and federal2

entities;3

(c) Currently, redundancies exist in emergency management and4

homeland security-related training and exercise, public risk5

communication systems, and grant management;6

(d) It is necessary to increase the efficiency and effectiveness of7

homeland security functions provided by state government; and8

(e) Establishing a single entity to manage homeland security9

duties at the state level will enhance communication among the various10

levels of government, reduce overlapping efforts, clarify roles and11

responsibilities, maximize usage of funds, improve customer service, and12

ultimately strengthen the ability of the state and other actors to provide13

efficacious homeland security.14

(2) The general assembly further finds, determines, and declares15

that:16

(a) Redundancies in planning, training, public risk messaging, and17

emergency support functions exist between the departments of local18

affairs and public safety regarding homeland security and emergency19

management activities;20

(b) Emergency management is largely a public safety function and21

fits well within the department of public safety's mission;22

(c) It is possible to increase the efficiency and effectiveness of23

homeland security functions provided by state government; and24

(d) Establishing a single entity to manage homeland security and25

emergency management duties at the state level will enhance26

communication among the various governmental entities, reduce27

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overlapping efforts, clarify roles and responsibilities, maximize usage of1

funds, improve customer service, and ultimately strengthen the ability of2

the state and other actors to provide efficacious emergency management.3

(3) The general assembly also finds and declares that:4

(a) Fire prevention and control are public safety functions best5

addressed by a public safety agency;6

(b) In order to effectively manage wildland fires, the executive7

branch needs the ability to coordinate firefighting, public safety, and8

emergency management functions within the executive branch;9

(c) The Colorado state forest service admirably provides for10

healthy forests and furthers the mission of Colorado state university;11

(d) Transferring wildland fire prevention and suppression12

operations from Colorado state university to the department of public13

safety will not diminish the Colorado state forest service's role in14

providing for healthy forests, nor will it diminish the university's ability15

to carry out its mission of educating its students;16

(e) The division of fire prevention and control has an established17

relationship with Colorado's fire service; and18

(f) Transferring fire prevention and suppression functions from19

the Colorado state forest service to the division of fire prevention and20

control will strengthen the ability of the state to manage wildland fires.21

SECTION 2. In Colorado Revised Statutes, amend 23-31-201 as22

follows:23

23-31-201. Transfer to board of governors of the Colorado24

state university system - exceptions. (1) There is transferred to and25

vested in the board of governors of the Colorado state university system,26

referred to in this part 2 as the "board", all rights, powers, and duties for27

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protecting, promoting, and extending the conservation of the forests in the1

state vested on or before February 14, 1955, in the state board of land2

commissioners, acting ex officio as the state board of forestry; but such3

authority shall not extend to nor include the power vested in the state4

board of land commissioners with respect to forest lands included in the5

public lands of the state under the control and jurisdiction of said state6

board of land commissioners, as provided by sections 9 and 10 of article7

IX of the state constitution and the laws relating thereto.8

(2) (a) EFFECTIVE JULY 1, 2012, THE FORESTRY FUNCTIONS OF THE9

BOARD RELATING PRINCIPALLY TO FIRE AND WILDFIRE PREPAREDNESS, 10

RESPONSE, SUPPRESSION, COORDINATION, OR MANAGEMENT ARE11

TRANSFERRED BY A TYPE 2 TRANSFER, AS SUCH TRANSFER IS DEFINED IN12

THE "ADMINISTRATIVE ORGANIZATION ACT OF 1968", ARTICLE 1 OF TITLE13

24, C.R.S., TO THE WILDLAND FIRE MANAGEMENT SECTION IN THE14

DIVISION OF FIRE PREVENTION AND CONTROL IN THE DEPARTMENT OF15

PUBLIC SAFETY CREATED IN SECTION 24-33.5-1201, C.R.S.16

(b) NOTHING IN PARAGRAPH (a) OF THIS SUBSECTION (2) DIVESTS17

THE BOARD OR THE STATE FOREST SERVICE OF ANY OTHER PERSONNEL,18

FUNCTIONS, POWERS, OR DUTIES RELATING TO FOREST RESOURCES,19

INCLUDING RISK EDUCATION AND PREVENTION, FOREST HEALTH,20

MANAGEMENT, STEWARDSHIP, TECHNICAL ASSISTANCE, URBAN AND21

COMMUNITY FORESTRY, INSECT AND DISEASE MONITORING AND22

MITIGATION, RESEARCH, EDUCATION, OUTREACH, PLANNING, AND FIRE23

ECOLOGY.24

(c) ANY AND ALL CLAIMS, LIABILITIES, AND DAMAGES, INCLUDING25

COSTS AND ATTORNEYS' FEES, RELATING IN ANY WAY TO THE26

PERFORMANCE OF DUTIES DESCRIBED IN PARAGRAPH (a) OF THIS27

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SUBSECTION (2) THAT WERE PERFORMED BY THE BOARD OR ITS EMPLOYEES1

ON OR BEFORE JUNE 30, 2012, ARE HEREBY TRANSFERRED TO AND2

ASSUMED BY THE STATE EXCLUSIVELY THROUGH THE DIVISION OF FIRE3

PREVENTION AND CONTROL IN THE DEPARTMENT OF PUBLIC SAFETY, AND4

NO OTHER PUBLIC ENTITY OR AGENCY, INCLUDING THE BOARD AND ITS5

EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE FOR ANY SUCH CLAIMS,6

LIABILITIES, OR DAMAGES THAT AROSE BEFORE JUNE 30, 2012.7

SECTION 3. In Colorado Revised Statutes, 23-31-202, amend8

(1) introductory portion and (1) (a) as follows:9

23-31-202. Powers and duties of board of governors of the10

Colorado state university system. (1) The authority granted to the11

board by section 23-31-201 shall include INCLUDES the following powers12

and duties:13

(a) To provide for the protection of the forest resources of the14

state, both public and private, from fire, insects and diseases;15


follows:17

23-31-206. Cooperative agreements. (1) The board is further18

authorized to enter into cooperative agreements with federal and state19

agencies to promote and carry out the intent and purposes of this part 2,20

and in carrying out the provisions of all federal acts providing funds to21

promote the practice of forestry; and, for the purpose of continued22

acceptance and participation in the provisions of the act of congress dated23

June 7, 1924, entitled the "Clarke-McNary Law", the board is designated24

as the agency of the state to administer and expend any federal25

appropriations received under said act of congress, pursuant to section26

23-31-205.27

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(2) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,1

INCLUDING THE TRANSFER OF FUNCTIONS EFFECTED BY HOUSE BILL2

12-1283, ENACTED IN 2012, ALL INTERAGENCY AGREEMENTS REGARDING3

WILDFIRE AND PRESCRIBED FIRE MANAGEMENT AND CONTROL THAT ARE4

IN EFFECT AS OF JULY 1, 2012, TO WHICH THE STATE FOREST SERVICE, OR5

THE BOARD ON ITS BEHALF, IS A PARTY, SHALL REMAIN IN FULL FORCE AND6

EFFECT.7


follows:9

23-31-208. Rights by succession to state board of land10

commissioners - transfers to division of fire prevention and control.11

(1) (a) On February 14, 1955, the board shall succeed to all records,12

documents, and equipment in the hands of the state board of land13

commissioners as pertain to and used by the state board of land14

commissioners in the performance of the rights, powers, and duties15

transferred, and the state board of land commissioners is directed to16

deliver said property to the board within a reasonable time.17

(2) (b) On February 14, 1955, the state treasurer and the controller18

shall transfer to the board all funds, including federal grants-in-aid,19

remaining to the credit of the state board of land commissioners and20

appropriated or received for the administration of the rights, powers, and21

duties transferred by this section; but the transfer of funds shall not apply22

to any moneys appropriated for forest administration from the land23

commissioners' expense fund.24

(2) ON JULY 1, 2012, THE BOARD'S FUNDS, MONEYS, POSITIONS OF25

EMPLOYMENT, PERSONNEL, AND PERSONAL PROPERTY THAT WERE, AS OF26

JUNE 30, 2012, PRINCIPALLY DIRECTED TO FIRE AND WILDFIRE27

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PREPAREDNESS, RESPONSE, SUPPRESSION, COORDINATION, OR1

MANAGEMENT AND ANY AND ALL CLAIMS AND LIABILITIES, WHETHER2

KNOWN OR UNKNOWN, ASSERTED OR UNASSERTED, RELATING IN ANY WAY3

TO FIRE AND WILDFIRE PREPAREDNESS, RESPONSE, SUPPRESSION,4

COORDINATION, OR MANAGEMENT BY THE BOARD, THE STATE FOREST5

SERVICES OR ITS EMPLOYEES ON OR BEFORE JUNE 30, 2012, ARE6

TRANSFERRED TO THE DIVISION OF FIRE PREVENTION AND CONTROL IN THE7

DEPARTMENT OF PUBLIC SAFETY PURSUANT TO SECTION 24-33.5-1201,8

C.R.S.9


(2) as follows:11

23-31-301. Legislative declaration. (2) The general assembly12

hereby declares that it is the public policy of this state to encourage the13

health of forest ecosystems through responsible management of the forest14

land of the state and through coordination with the United States secretary15

of the interior and the United States secretary of agriculture to develop16

management plans for federal lands within the state of Colorado pursuant17

to 16 U.S.C. sec. 530, 16 U.S.C. sec. 1604, and 43 U.S.C. sec. 1712,18

including the use of prescribed and natural ignition fires and other19

pre-suppression activities, such as the harvest of materials, in order to20

preserve forest and other natural resources, enhance the growth and21

maintenance of forests, conserve forest cover on watersheds, protect22

recreational, wildlife, and other values, promote stability of forest-using23

industries, and prevent loss of life and damage to property from wildfires24

and other conflagrations.25

SECTION 7. In Colorado Revised Statutes, 24-1-128.6, amend26

(2) introductory portion, (2) (h), and (4); repeal (2) (b); and add (2) (i)27

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as follows:1

24-1-128.6. Department of public safety - creation - repeal.2

(2) The department of public safety shall consist CONSISTS of the3

following divisions:4

(b) Colorado law enforcement training academy, the head of5

which shall be the chief of the Colorado state patrol, who is hereby6

designated as the superintendent of the Colorado law enforcement7

training academy. The Colorado law enforcement training academy and8

the office of superintendent thereof, created by part 3 of article 33.5 of9

this title, and their powers, duties, and functions are transferred by a type10

2 transfer to the department of public safety. The powers, duties, and11

functions of the department of local affairs relating to the Colorado law12

enforcement training academy are transferred by a type 2 transfer to the13

department of public safety and allocated to the Colorado law14

enforcement training academy.15

(h) (I) Office of preparedness, security, and fire safety DIVISION16

OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT, the head of17

which shall be IS the director of the office of preparedness, security, and18

fire safety DIVISION OF HOMELAND SECURITY AND EMERGENCY19

MANAGEMENT. The office of preparedness, security, and fire safety20

DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT and21

the office of director thereof, created by part 16 of article 33.5 of this title,22

shall exercise their powers and perform their duties and functions as if the23

same were transferred by a type 2 transfer to the department of public24

safety AND ALLOCATED TO THE DIVISION OF HOMELAND SECURITY AND25

EMERGENCY MANAGEMENT.26

(II) The office of preparedness, security, and fire safety shall27

1283-9-

include DIVISION OF HOMELAND SECURITY AND EMERGENCY1

MANAGEMENT INCLUDES the following agencies, which shall exercise2

their powers and perform their duties and functions under the department3

of public safety as if the same were transferred thereto by a type 24

transfer:5

(A) Division of fire safety, created by part 12 of article 33.5 of6

this title; and THE OFFICE OF EMERGENCY MANAGEMENT CREATED BY7

PART 7 OF ARTICLE 33.5 OF THIS TITLE, THE HEAD OF WHICH IS THE8

DIRECTOR OF THE OFFICE OF EMERGENCY MANAGEMENT. EFFECTIVE JULY9

1, 2012, THE DIVISION OF EMERGENCY MANAGEMENT IN THE DEPARTMENT10

OF LOCAL AFFAIRS, CREATED BY PART 21 OF ARTICLE 32 OF THIS TITLE,11

PRIOR TO ITS REPEAL IN 2012, AND ITS POWERS, DUTIES, AND FUNCTIONS12

ARE TRANSFERRED BY A TYPE 2 TRANSFER TO THE DEPARTMENT OF PUBLIC13

SAFETY AND ALLOCATED TO THE OFFICE OF EMERGENCY MANAGEMENT14

UNDER THE DIVISION OF HOMELAND SECURITY AND EMERGENCY15

MANAGEMENT PURSUANT TO THIS ARTICLE.16

(B) Office of anti-terrorism planning and training PREVENTION17

AND SECURITY, created by part 16 of article 33.5 of this title IN SECTION18

24-33.5-1606; AND19

(C) THE OFFICE OF PREPAREDNESS, CREATED IN SECTION20

24-33.5-1606.5.21

(i) DIVISION OF FIRE PREVENTION AND CONTROL, THE HEAD OF22

WHICH IS THE DIRECTOR OF THE DIVISION OF FIRE PREVENTION AND23

CONTROL. THE DIVISION OF FIRE PREVENTION AND CONTROL AND THE 24

OFFICE OF THE DIRECTOR THEREOF, CREATED BY PART 12 OF ARTICLE 33.525

OF THIS TITLE, AND THEIR POWERS, DUTIES, AND FUNCTIONS ARE26

TRANSFERRED BY A TYPE 2 TRANSFER TO THE DEPARTMENT OF PUBLIC27

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SAFETY.1

(4) (a) The Colorado emergency planning commission, created by2

part 26 PART 15 of article 32 ARTICLE 33.5 of this title, shall exercise its3

powers and perform its duties and functions as if the same were4

transferred by a type 2 transfer to the department of local affairs; except5

that the commission shall have full authority to promulgate rules and6

regulations related to the implementation of part 26 of article 32 of this7

title OF PUBLIC SAFETY.8

(b) EFFECTIVE JULY 1, 2012, THE COLORADO EMERGENCY9

PLANNING COMMISSION IN THE DEPARTMENT OF LOCAL AFFAIRS, CREATED10

BY PART 26 OF ARTICLE 32 OF THIS TITLE, PRIOR TO ITS REPEAL IN 2012,11

AND ITS POWERS, DUTIES, AND FUNCTIONS ARE TRANSFERRED BY A TYPE12

2 TRANSFER TO THE DEPARTMENT OF PUBLIC SAFETY, PURSUANT TO THIS13

ARTICLE.14

SECTION 8. In Colorado Revised Statutes, 24-33.5-103, amend15

(2) introductory portion and (2) (h); repeal (2) (b); and add (2) (i) as16

follows:17

24-33.5-103. Department created - divisions. (2) The18

department shall consist CONSISTS of the following divisions:19

(b) Colorado law enforcement training academy;20

(h) Office of preparedness, security, and fire safety DIVISION OF21

HOMELAND SECURITY AND EMERGENCY MANAGEMENT; AND22

(i) DIVISION OF FIRE PREVENTION AND CONTROL.23

SECTION 9. In Colorado Revised Statutes, repeal part 3 of24

article 33.5 of title 24.25

SECTION 10. In Colorado Revised Statutes, recreate and26

reenact, with relocated provisions, parts 7, 8, 9, 10, and 11 of article27

1283-11-

33.5 of title 24 as follows:1

PART 72

EMERGENCY MANAGEMENT3

24-33.5-701. [Formerly 24-32-2101] Short title. This part 214

PART 7 shall be known and may be cited as the "Colorado Disaster5

Emergency Act". of 1992".6

24-33.5-702. [Formerly 24-32-2102] Purposes and limitations.7

(1) The purposes of this part 21 PART 7 are to: 8

(a) Reduce vulnerability of people and communities of this state9

to damage, injury, and loss of life and property resulting from natural10

catastrophes or catastrophes of human origin, civil disturbance, or hostile11

military or paramilitary action;12

(b) Prepare for prompt and efficient search, rescue, recovery, care,13

and treatment of persons lost, entrapped, victimized, or threatened by14

disasters or emergencies;15

(c) Provide a setting conducive to the rapid and orderly start of16

restoration and rehabilitation of persons and property affected by17

disasters;18

(d) Clarify and strengthen the roles of the governor, state19

agencies, and local governments in prevention of, preparation for,20

response to, and recovery from disasters;21

(e) Authorize and provide for cooperation in disaster prevention,22

preparedness, response, and recovery;23

(f) Authorize and provide for coordination of activities relating to24

disaster prevention, preparedness, response, and recovery by agencies and25

officers of this state and similar state-local, interstate, federal-state, and26

foreign activities in which the state and its political subdivisions may27

1283-12-

participate;1

(g) Provide a disaster and emergency management system2

embodying all aspects of predisaster and pre-emergency preparedness and3

postdisaster and postemergency response; and4

(h) Assist in prevention of disasters caused or aggravated by5

inadequate planning for regulation of public and private facilities and6

land use.7

(2) Nothing in this part 21 PART 7 shall be construed to:8

(a) Interfere with the course or conduct of a labor dispute; except9

that actions otherwise authorized by this part 21 PART 7 or other laws may10

be taken when necessary to forestall or mitigate imminent or existing11

danger to public health or safety;12

(b) Interfere with dissemination of news or comment on public13

affairs; except that any communications facility or organization, including14

but not limited to radio and television stations, wire services, and15

newspapers, may be required to transmit or print public service messages16

furnishing information or instructions in connection with a disaster17

emergency;18

(c) Affect the jurisdiction or responsibilities of police forces,19

fire-fighting forces, or units of the armed forces of the United States, or20

of any personnel thereof, when on active duty; except that state, local, and21

interjurisdictional disaster emergency plans shall place reliance upon the22

forces available for performance of functions related to disaster23

emergencies; or24

(d) Limit, modify, or abridge the authority of the governor to25

proclaim martial law or exercise any other powers vested in the governor26

under the constitution, statutes, or common law of this state independent27

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of, or in conjunction with, any provision of this part 21 PART 7.1

24-33.5-703. [Formerly 24-32-2103] Definitions. As used in this2

part 21 PART 7, unless the context otherwise requires:3

(1) "Bioterrorism" means the intentional use of microorganisms4

or toxins of biological origin to cause death or disease among humans or5

animals.6

(1.3) (2) "Committee" means the governor's expert emergency7

epidemic response committee created in section 24-32-2104 SECTION8

24-33.5-704.9

(1.5) (3) "Disaster" means the occurrence or imminent threat of10

widespread or severe damage, injury, or loss of life or property resulting11

from any natural cause or cause of human origin, including but not12

limited to fire, flood, earthquake, wind, storm, wave action, hazardous13

substance incident, oil spill or other water contamination requiring14

emergency action to avert danger or damage, volcanic activity, epidemic,15

air pollution, blight, drought, infestation, explosion, civil disturbance,16

hostile military or paramilitary action, or a condition of riot, insurrection,17

or invasion existing in the state or in any county, city, town, or district in18

the state.19

(1.7) (4) "Emergency epidemic" means cases of an illness or20

condition, communicable or noncommunicable, caused by bioterrorism,21

pandemic influenza, or novel and highly fatal infectious agents or22

biological toxins.23

(1.9) (5) "Pandemic influenza" means a widespread epidemic of24

influenza caused by a highly virulent strain of the influenza virus.25

(2) (6) "Political subdivision" means any county, city and county,26

city, or town and may include any other agency designated by law as a27

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political subdivision of the state.1

(2.5) (7) (a) "Publicly funded safety net program" means a2

program that is administered by a state department and that:3

(I) Is funded wholly or in part with state, federal, or a combination4

of state and federal funds; and5

(II) Provides or facilitates the provision of medical services to6

vulnerable populations, including children, disabled individuals, and the7

elderly.8

(b) The term includes a program of medical assistance, as defined9

in section 25.5-1-103 (5), C.R.S.10

(3) (8) "Search and rescue" means the employment, coordination,11

and utilization of available resources and personnel in locating, relieving12

distress and preserving life of, and removing survivors from the site of a13

disaster, emergency, or hazard to a place of safety in case of lost,14

stranded, entrapped, or injured persons.15

24-33.5-704. [Formerly 24-32-2104] The governor and disaster16

emergencies - governor's disaster emergency council - creation -17

expert emergency epidemic response committee - creation. (1) The18

governor is responsible for meeting the dangers to the state and people19

presented by disasters.20

(2) Under this part 21 PART 7, the governor may issue executive21

orders, proclamations, and regulations and amend or rescind them.22

Executive orders, proclamations, and regulations have the force and effect23

of law.24

(3) (a) There is hereby created a governor's disaster emergency25

council, referred to in this part 21 PART 7 as the "council", consisting of26

not less than six nor more than nine members. The attorney general, the27

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adjutant general, and the executive directors of the following departments1

shall be members: Personnel, transportation, public safety, and natural2

resources. The additional members, if any, shall be appointed by the3

governor from among the executive directors of the other departments.4

The governor shall serve as chairperson of the council, and a majority5

shall constitute a quorum. The council shall meet at the call of the6

governor and shall advise the governor and the director of the division of7

HOMELAND SECURITY AND emergency management on all matters8

pertaining to the declaration of disasters and the disaster response and9

recovery activities of the state government; except that nothing in the10

duties of the council shall be construed to limit the authority of the11

governor to act without the advice of the council when the situation calls12

for prompt and timely action when disaster threatens or exists.13

(b) The members of the governor's disaster emergency council, as14

such existed prior to March 12, 1992, shall become JUNE 30, 2012, ARE15

the initial members of the council on March 12, 1992 JULY 1, 2012.16

(4) A disaster emergency shall be declared by executive order or17

proclamation of the governor if the governor finds a disaster has occurred18

or that this occurrence or the threat thereof is imminent. The state of19

disaster emergency shall continue until the governor finds that the threat20

of danger has passed or that the disaster has been dealt with to the extent21

that emergency conditions no longer exist and the governor terminates the22

state of disaster emergency by executive order or proclamation, but no23

state of disaster emergency may continue for longer than thirty days24

unless renewed by the governor. The general assembly, by joint25

resolution, may terminate a state of disaster emergency at any time.26

Thereupon, the governor shall issue an executive order or proclamation27

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ending the state of disaster emergency. All executive orders or1

proclamations issued under this subsection (4) shall indicate the nature of2

the disaster, the area threatened, and the conditions which have brought3

it about or which make possible termination of the state of disaster4

emergency. An executive order or proclamation shall be disseminated5

promptly by means calculated to bring its contents to the attention of the6

general public and, unless the circumstances attendant upon the disaster7

prevent or impede, shall be promptly filed with the division OFFICE of8

emergency management, the secretary of state, and the county clerk and9

recorder and disaster agencies in the area to which it applies.10

(5) An executive order or proclamation of a state of disaster11

emergency shall activate the disaster response and recovery aspects of the12

state, local, and interjurisdictional disaster emergency plans applicable to13

the political subdivision or area in question and shall be authority for the14

deployment and use of any forces to which the plans apply and for use or15

distribution of any supplies, equipment, and materials and facilities16

assembled, stockpiled, or arranged to be made available pursuant to this17

part 21 or any other provision of law relating to disaster emergencies.18

(6) During the continuance of any state of disaster emergency, the19

governor is commander-in-chief of the organized and unorganized militia20

and of all other forces available for emergency duty. To the greatest21

extent practicable, the governor shall delegate or assign command22

authority by prior arrangement embodied in appropriate executive orders23

or regulations, but nothing in this section restricts the governor's authority24

to do so by orders issued at the time of the disaster emergency.25

(7) In addition to any other powers conferred upon the governor26

by law, the governor may:27

1283-17-

(a) Suspend the provisions of any regulatory statute prescribing1

the procedures for conduct of state business or the orders, rules, or2

regulations of any state agency, if strict compliance with the provisions3

of any statute, order, rule, or regulation would in any way prevent, hinder,4

or delay necessary action in coping with the emergency;5

(b) Utilize all available resources of the state government and of6

each political subdivision of the state as reasonably necessary to cope7

with the disaster emergency;8

(c) Transfer the direction, personnel, or functions of state9

departments and agencies or units thereof for the purpose of performing10

or facilitating emergency services;11

(d) Subject to any applicable requirements for compensation under12

section 24-32-2111 SECTION 24-33.5-711, commandeer or utilize any13

private property if the governor finds this necessary to cope with the14

disaster emergency;15

(e) Direct and compel the evacuation of all or part of the16

population from any stricken or threatened area within the state if the17

governor deems this action necessary for the preservation of life or other18

disaster mitigation, response, or recovery;19

(f) Prescribe routes, modes of transportation, and destinations in20

connection with evacuation;21

(g) Control ingress to and egress from a disaster area, the22

movement of persons within the area, and the occupancy of premises23

therein;24

(h) Suspend or limit the sale, dispensing, or transportation of25

alcoholic beverages, firearms, explosives, or combustibles; and26

(i) Make provision for the availability and use of temporary27

1283-18-

emergency housing.1

(8) (a) There is hereby created a governor's expert emergency2

epidemic response committee. The duties of the committee shall be to3

develop by July 1, 2001, a new supplement to the state disaster plan that4

is concerned with the public health response to acts of bioterrorism,5

pandemic influenza, and epidemics caused by novel and highly fatal6

infectious agents and to provide expert public health advice to the7

governor in the event of an emergency epidemic. The committee shall:8

(I) Meet at least annually to review and amend, AS NECESSARY, the9

supplement as necessary TO THE STATE DISASTER PLAN THAT IS10

CONCERNED WITH THE PUBLIC HEALTH RESPONSE TO ACTS OF11

BIOTERRORISM, PANDEMIC INFLUENZA, AND EPIDEMICS CAUSED BY NOVEL12

AND HIGHLY FATAL INFECTIOUS AGENTS;13

(II) PROVIDE EXPERT PUBLIC HEALTH ADVICE TO THE GOVERNOR14

IN THE EVENT OF AN EMERGENCY EPIDEMIC; and15

(III) The committee shall Provide information to, and fully16

cooperate with, the council.17

(b) (I) State members of the committee shall include: the18

following:19

(A) The executive director of the department of public health and20

environment;21

(B) The chief medical officer of the department of public health22

and environment;23

(C) The chief public information officer of the department of24

public health and environment;25

(D) The emergency response coordinator for the department of26

public health and environment;27

1283-19-

(E) The state epidemiologist for the department of public health1

and environment;2

(F) The attorney general or the designee of the attorney general;3

(G) The president of the board of health or the president's4

designee;5

(H) The president of the state medical society or the president's6

designee;7

(I) The president of the Colorado health and hospital association8

or the president's designee;9

(J) The state veterinarian of the department of agriculture; and10

(K) and (L) (Deleted by amendment, L. 2000, p. 546, § 24,11

effective July 1, 2000.)12

(M) (K) The director of the division of HOMELAND SECURITY AND13

emergency management.14

(II) In addition to the state members of the committee, the15

governor shall appoint to the committee an individual from each of the16

following categories:17

(A) A licensed physician who specializes in infectious diseases;18

(B) A licensed physician who specializes in emergency medicine;19

(C) A medical examiner;20

(D) A specialist in posttraumatic stress management;21

(E) A director of a county, district, or municipal public health22

agency;23

(F) A hospital infection control practitioner;24

(G) A wildlife disease specialist with the division of wildlife; and25

(H) A pharmacist member of the state board of pharmacy.26

(III) The executive director of the department of public health and27

1283-20-

environment shall serve as the chair of the committee. A majority of the1

membership of the committee, not including vacant positions, shall2

constitute a quorum.3

(IV) The executive director of the department of public safety or4

the executive director's designee shall serve as an ex officio member of5

the committee and shall not be able to vote on decisions of the committee.6

The executive director HE OR SHE shall serve as a liaison between the7

committee, the council, and the Colorado emergency planning8

commission in the event of an emergency epidemic.9

(c) The committee shall include in the supplement to the state10

disaster plan a proposal for the prioritization, allocation, storage,11

protection, and distribution of antibiotic medicines, antiviral medicines,12

antidotes, and vaccines that may be needed and in short supply in the13

event of an emergency epidemic.14

(d) The committee shall convene at the call of the governor or the15

executive director of the department of public health and environment to16

consider evidence presented by the department's chief medical officer or17

state epidemiologist that there is an occurrence or imminent threat of an18

emergency epidemic. If the committee finds that there is an occurrence19

or imminent threat of an emergency epidemic, the executive director of20

the department of public health and environment shall advise the21

governor to declare a disaster emergency.22

(e) In the event of an emergency epidemic that has been declared23

a disaster emergency, the committee shall convene as rapidly and as often24

as necessary to advise the governor, who shall act by executive order,25

regarding reasonable and appropriate measures to reduce or prevent26

spread of the disease, agent, or toxin and to protect the public health.27

1283-21-

Such measures may include: but are not limited to:1

(I) Procuring or taking supplies of medicines and vaccines;2

(II) Ordering physicians and hospitals to transfer or cease3

admission of patients or perform medical examinations of persons;4

(III) Isolating or quarantining persons or property;5

(IV) Determining whether to seize, destroy, or decontaminate6

property or objects that may threaten the public health;7

(V) Determining how to safely dispose of corpses and infectious8

waste;9

(VI) Assessing the adequacy and potential contamination of food10

and water supplies;11

(VII) Providing mental health support to affected persons; and12

(VIII) Informing the citizens of the state how to protect13

themselves, what actions are being taken to control the epidemic, and14

when the epidemic is over.15

(9) Each department that administers a publicly funded safety net16

program shall develop a continuity of operations plan no later than July17

1, 2008. The plan shall establish procedures for the response by, and18

continuation of operations of, the department and the program in the19

event of an epidemic emergency. Each department shall file its plan with20

the executive director of the department of public health and environment21

and shall update the plan at least annually. In addition,22

NOTWITHSTANDING SECTION 24-1-136 (11), each department shall submit23

a report by March 1, 2008, and by each March 1 thereafter OF EACH YEAR24

to the health and human services committees of the senate and house of25

representatives, or any successor committees, regarding the status of the26

department's plan, as well as the status of any other plans or procedures27

1283-22-

of the department regarding emergency disaster preparedness.1

24-33.5-705. [Formerly 24-32-2105] Office of emergency2

management -creation. (1) (a) There is hereby created in the department3

of local affairs DIVISION OF HOMELAND SECURITY AND EMERGENCY4

MANAGEMENT the division OFFICE of emergency management. referred5

to in this part 21 as the "division". Pursuant to section 13 of article XII of6

the state constitution, the executive director OF THE DIVISION OF7

HOMELAND SECURITY AND EMERGENCY MANAGEMENT shall appoint a8

director referred to in this part 21 as the "director", as head of the division9

OFFICE OF EMERGENCY MANAGEMENT.10

(b) The division OFFICE of emergency management and the office11

of the director THEREOF shall exercise their powers and perform their12

duties and functions under the department of local affairs and the13

executive director as if the same were transferred to the department by a14

type 2 transfer, as such transfer is defined in the "Administrative15

Organization Act of 1968", article 1 of this title.16

(2) The division OFFICE OF EMERGENCY MANAGEMENT shall17

prepare, and maintain, AND KEEP CURRENT a state disaster plan which18

THAT complies with all applicable federal and state regulations. and shall19

keep such plan current.20

(3) The division OFFICE OF EMERGENCY MANAGEMENT shall take21

part in the development and revision of local and interjurisdictional22

disaster plans prepared under section 24-32-2107 24-33.5-707. To this23

end the division OFFICE OF EMERGENCY MANAGEMENT shall employ or24

otherwise secure the services of professional and technical personnel25

capable of providing expert assistance to political subdivisions, their26

disaster agencies, and interjurisdictional planning and disaster agencies.27

1283-23-

Such personnel shall consult with political subdivisions and disaster1

agencies and shall make field examinations.2

(4) In preparing and revising the state disaster plan, the division3

OFFICE OF EMERGENCY MANAGEMENT may seek the advice and assistance4

of local government, business, labor, industry, agriculture, civic and5

volunteer organizations, and community leaders.6

(5) The state disaster plan or any part thereof may be incorporated7

in regulations of the division OFFICE OF EMERGENCY MANAGEMENT or8

executive orders that have the force and effect of law.9

(6) The division OFFICE OF EMERGENCY MANAGEMENT may do all10

things necessary for the implementation of this part 21 SECTION,11

including: but not limited to:12

(a) Hiring personnel;13

(b) Contracting with federal, state, local, and private entities;14

(c) Accepting and expending federal funds.15

(7) Whenever the office of emergency management OR THE16

DIVISION OF EMERGENCY MANAGEMENT IN THE DEPARTMENT OF LOCAL17

AFFAIRS is referred to or designated by any contract or other document,18

such reference or designation shall be deemed to apply to the division19

OFFICE of emergency management IN THE DIVISION OF HOMELAND20

SECURITY AND EMERGENCY MANAGEMENT IN THE DEPARTMENT OF PUBLIC21

SAFETY.22

(8) (a) EFFECTIVE JULY 1, 2012, THE OFFICE OF EMERGENCY23

MANAGEMENT IN THE DIVISION OF HOMELAND SECURITY AND EMERGENCY24

MANAGEMENT IN THE DEPARTMENT OF PUBLIC SAFETY SHALL EXECUTE,25

ADMINISTER, PERFORM, AND ENFORCE THE RIGHTS, POWERS, DUTIES,26

FUNCTIONS, AND OBLIGATIONS VESTED PREVIOUSLY IN THE DIVISION OF27

1283-24-

EMERGENCY MANAGEMENT IN THE DEPARTMENT OF LOCAL AFFAIRS.1

(b) (I) ON JULY 1, 2012, ALL POSITIONS OF EMPLOYMENT IN THE2

DIVISION OF EMERGENCY MANAGEMENT IN THE DEPARTMENT OF LOCAL3

AFFAIRS SHALL BE TRANSFERRED TO THE OFFICE OF EMERGENCY4


MANAGEMENT IN THE DEPARTMENT OF PUBLIC SAFETY AND SHALL6

BECOME EMPLOYMENT POSITIONS THEREIN.7

(II) ON JULY 1, 2012, ALL EMPLOYEES OF THE DIVISION OF8

EMERGENCY MANAGEMENT IN THE DEPARTMENT OF LOCAL AFFAIRS SHALL9

BE CONSIDERED EMPLOYEES OF THE OFFICE OF EMERGENCY MANAGEMENT10

IN THE DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT11

IN THE DEPARTMENT OF PUBLIC SAFETY. SUCH EMPLOYEES SHALL RETAIN12

ALL RIGHTS UNDER THE STATE PERSONNEL SYSTEM AND TO RETIREMENT13

BENEFITS PURSUANT TO THE LAWS OF THIS STATE, AND THEIR SERVICES14

SHALL BE DEEMED TO HAVE BEEN CONTINUOUS.15

(III) ON JULY 1, 2012, ALL ITEMS OF PROPERTY, REAL AND16

PERSONAL, INCLUDING OFFICE FURNITURE AND FIXTURES, BOOKS,17

DOCUMENTS, AND RECORDS OF THE DIVISION OF EMERGENCY18

MANAGEMENT IN THE DEPARTMENT OF LOCAL AFFAIRS ARE TRANSFERRED19

TO THE OFFICE OF EMERGENCY MANAGEMENT IN THE DIVISION OF20

HOMELAND SECURITY AND EMERGENCY MANAGEMENT IN THE21

DEPARTMENT OF PUBLIC SAFETY AND SHALL BECOME THE PROPERTY22

THEREOF.23

(c) UNLESS OTHERWISE SPECIFIED, WHENEVER ANY PROVISION OF24

LAW REFERS TO THE DIVISION OF EMERGENCY MANAGEMENT, THAT LAW25

SHALL BE CONSTRUED AS REFERRING TO THE OFFICE OF EMERGENCY26


1283-25-

MANAGEMENT IN THE DEPARTMENT OF PUBLIC SAFETY.1

(d) NO SUIT, ACTION, OR OTHER PROCEEDING, JUDICIAL OR2

ADMINISTRATIVE, LAWFULLY COMMENCED, OR WHICH COULD HAVE BEEN3

COMMENCED, BY OR AGAINST THE DIVISION OF EMERGENCY MANAGEMENT4

IN THE DEPARTMENT OF LOCAL AFFAIRS, OR ANY OFFICER THEREOF IN5

SUCH OFFICER'S OFFICIAL CAPACITY OR IN RELATION TO THE DISCHARGE OF6

THE OFFICIAL'S DUTIES, IS ABATED BY REASON OF THE TRANSFER OF7

DUTIES AND FUNCTIONS IN THIS SECTION.8

24-33.5-705.3. [Formerly 24-33.5-108] Statewide all-hazards9

resource database - creation - definitions - repeal. (1) For purposes of10

this section:11

(a) "PRIVATE SECTOR AGENCIES AND ORGANIZATIONS" MEANS ANY12

PRIVATE SECTOR OR NONPROFIT AGENCY OR ORGANIZATION THAT HAS13

RESOURCES USEFUL IN A DISASTER OR EMERGENCY THAT IT DESIRES TO14

LIST IN THE PRIVATE SECTOR PORTION OF THE DATABASE.15

(b) "TRIBAL, state, and local fire fighting ALL-HAZARDS RESPONSE16

agency" means any fire department, fire protection district, or fire fighting17

ALL-HAZARDS RESPONSE agency of A TRIBE, the state and any of its18

subdivisions, and of any town, city, and city and county, regardless of19

whether the personnel serving such department, district, or agency are20

volunteers or are compensated for their services.21

(2) (a) Not later than December 31, 2001 JUNE 30, 2013, the22

department OFFICE OF EMERGENCY MANAGEMENT, using its own EXISTING23

computer resources, shall develop and maintain a centralized computer24

database that includes a listing of all fire fighting ALL-HAZARDS RESPONSE25

resources located within Colorado.26

(b) The database created pursuant to paragraph (a) of this27

1283-26-

subsection (2) shall contain apparatus and equipment RESOURCE1

inventories, personnel counts, resource status, such other information2

relevant to the efficient tracking and allocation of fire fighting3

ALL-HAZARDS RESPONSE resources, and a listing of all supplemental4

funding sources available to TRIBAL, state, and local fire fighting5

ALL-HAZARD RESPONSE agencies. The information in this database shall6

be included with the information required to be collected and maintained7

pursuant to section 25-1.5-101 (1) (p), C.R.S. No data gathered for or8

stored in this database shall contain personally identifying information9

without prior notice to the involved individual. The database is not10

intended to be used in place of the existing interagency wildland fire11

dispatch system.12

(3) (a) The department OFFICE OF EMERGENCY MANAGEMENT shall13

encourage TRIBAL, state, and local fire fighting RESPONSE agencies to14

enter the information described in paragraph (b) of subsection (2) of this15

section into the database via the internet and provide a means for such16

data entry. All data entered into the database shall be verifiable by the17

department. The data shall be updated by the state OFFICE OF EMERGENCY18

MANAGEMENT. THE OFFICE OF EMERGENCY MANAGEMENT SHALL19

ENCOURAGE PARTICIPATING TRIBAL, STATE, REGIONAL, and local fire20

fighting RESPONSE agencies TO UPDATE THE DATA as necessary.21

(b) The database shall be accessible via the internet to all TRIBAL,22

state, REGIONAL, and local fire fighting RESPONSE agencies for the23

purpose of efficiently tracking and allocating fire fighting RESPONSE24

resources in the event of a disaster or local incident that requires more25

resources than those available under any existing interjurisdictional or26

mutual aid arrangement.27

1283-27-

(4) The department OFFICE OF EMERGENCY MANAGEMENT shall1

establish guidelines for the development and maintenance of the database2

created pursuant to subsection (2) of this section so that TRIBAL, state,3

REGIONAL, and local fire fighting RESPONSE agencies can easily access the4

database. Such THE guidelines shall be developed with input by FROM5

TRIBAL, state, REGIONAL, and local fire fighting RESPONSE agencies AND6

PRIVATE SECTOR AGENCIES AND ORGANIZATIONS.7

24-33.5-705.4. [Formerly 24-33.5-1210] All-hazards resource8

mobilization system - creation. (1) Subject to the availability of federal9

funds, The division OFFICE OF EMERGENCY MANAGEMENT shall prepare10

a statewide RESOURCE mobilization plan SYSTEM to provide for the11

allocation and deployment of firefighting, emergency medical, and urban12

search and rescue resources in the event of a disaster or local incident that13

requires more resources than those available under any existing14

interjurisdictional or mutual aid agreement.15

(2) The RESOURCE mobilization plan SYSTEM created pursuant to16

SUBSECTION (1) OF this section shall be developed in coordination with17

appropriate federal, TRIBAL, state, and local government, AND PRIVATE18

SECTOR agencies AND ORGANIZATIONS. The plan SYSTEM shall include19

mobilization procedures and may include provisions for reimbursement20

of costs. and shall address liability issues.21

24-33.5-706. [Formerly 24-32-2106] Financing - legislative22

intent - repeal. (1) It is the intent of the general assembly and declared23

to be the policy of the state that funds to meet disaster emergencies shall24

always be available.25

(2) (a) (I) A disaster emergency fund is hereby established, which26

shall receive moneys appropriated by the general assembly. Moneys in the27

1283-28-

disaster emergency fund shall remain in the fund until expended.1

(II) (A) (b) (I) The governor may make a one-time transfer of up2

to six hundred thousand dollars from the disaster emergency fund to the3

wildfire emergency response fund created in section 23-31-309, C.R.S.4

The governor shall notify the revisor of statutes in writing promptly after5

making the transfer.6

(B) (II) This subparagraph (II) PARAGRAPH (b) is repealed,7

effective upon the revisor of statute's receipt of the notice.8

(b) Repealed.9

(3) The council shall review in detail each expenditure of disaster10

emergency moneys.11

(4) It is the legislative intent that first recourse be to funds12

regularly appropriated to state and local agencies. If the governor finds13

that the demands placed upon these funds in coping with a particular14

disaster are unreasonably great, the governor may, with the concurrence15

of the council, make funds available from the disaster emergency fund.16

If moneys available from the fund are insufficient, the governor, with the17

concurrence of the council, may transfer and expend moneys appropriated18

for other purposes.19

(5) The director OF THE DIVISION OF HOMELAND SECURITY AND 20

EMERGENCY MANAGEMENT is authorized to establish, pursuant to article21

4 of this title, the rules and regulations which will govern the22

reimbursement of funds to state agencies and political subdivisions and23

to promulgate such regulations.24

(6) Nothing in this section shall be construed to limit LIMITS the25

governor's authority to apply for, administer, and expend grants, gifts, or26

payments in aid of disaster prevention, preparedness, response, or27

1283-29-

recovery.1

24-32-707. [Formerly 24-32-2107] Local and interjurisdictional2

disaster agencies and services. (1) Each political subdivision shall be3

IS within the jurisdiction of and served by the division OFFICE OF4

EMERGENCY MANAGEMENT and by a local or interjurisdictional agency5

responsible for disaster preparedness and coordination of response.6

(2) Each county shall maintain a disaster agency or participate in7

a local or interjurisdictional disaster agency which, except as otherwise8

provided under this part 21 PART 7, has jurisdiction over and serves the9

entire county.10

(3) The governor shall determine which municipal corporations11

need disaster agencies of their own and require that they be established12

and maintained. The governor shall make such determination on the basis13

of the municipality's disaster vulnerability and capability of response14

related to population size and concentration. The disaster agency of a15

county shall cooperate with the disaster agencies of municipalities16

situated within its borders but shall not have jurisdiction within a17

municipality having its own disaster agency. The office OF EMERGENCY18

MANAGEMENT shall publish and keep current a list of municipalities19

required to have disaster agencies under this subsection (3).20

(4) The minimum composition of a disaster agency shall be IS a21

director or coordinator appointed and governed by the chief executive22

officer or governing body of the appointing jurisdiction. The director or23

coordinator shall be IS responsible for the planning and coordination of24

the local disaster services.25

(5) Any provision of this part 21 PART 7 or other law to the26

contrary notwithstanding, the governor may require a political subdivision27

1283-30-

to establish and maintain a disaster agency jointly with one or more1

contiguous political subdivisions if the governor finds that the2

establishment and maintenance of an agency or participation therein is3

made necessary by circumstances or conditions that make it unusually4

difficult to provide disaster prevention, preparedness, response, or5

recovery services under other provisions of this part 21 PART 7.6

(6) Each political subdivision which THAT does not have a disaster7

agency and has not made arrangements to secure or participate in the8

services of an agency shall have an elected official designated as liaison9

officer to facilitate the cooperation and protection of that subdivision in10

the work of disaster prevention, preparedness, response, and recovery.11

(7) The mayor, chairman of the board of county commissioners,12

or other principal executive officer of each political subdivision in the13

state shall notify the office OF EMERGENCY MANAGEMENT of the manner14

in which the political subdivision is providing or securing disaster15

planning and emergency services, identify the person who heads the16

agency from which the services are obtained, and furnish additional17

information relating thereto as the division OFFICE OF EMERGENCY18

MANAGEMENT requires.19

(8) Each local and interjurisdictional disaster agency shall prepare20

and keep current a local or interjurisdictional disaster emergency plan for21

its area.22

(9) The local or interjurisdictional disaster agency, as the case may23

be, shall prepare and distribute to all appropriate officials in written form24

a clear and complete statement of the emergency responsibilities of all25

local agencies and officials and of the disaster chain of command.26

(10) The sheriff of each county shall:27

1283-31-

(a) Be the official responsible for coordination of all search and1

rescue operations within the sheriff's jurisdiction;2

(b) Make use of the search and rescue capability and resources3

available within the county and request assistance from the division4

OFFICE OF EMERGENCY MANAGEMENT only when and if the sheriff5

determines such additional assistance is required.6

(11) When authorized by the governor and executive director and7

approved by the director OF THE OFFICE OF EMERGENCY MANAGEMENT,8

expenses incurred in meeting contingencies and emergencies arising from9

search and rescue operations may be reimbursed from the disaster10

emergency fund.11

(12) Any person providing information to a local or12

interjurisdictional disaster agency may request, in writing, that such13

information be disseminated only to persons connected with or involved14

in the preparation, update, or implementation of any disaster emergency15

plan, and said information shall thereafter not be released to any person16

without the expressed written consent of the person providing the17

information.18

24-33.5-708. [Formerly 24-32-2108] Establishment of19

interjurisdictional disaster planning and service area. (1) If the20

governor finds that two or more adjoining counties would be better served21

by an interjurisdictional arrangement than by maintaining separate22

disaster agencies and services, the governor may delineate by executive23

order an interjurisdictional area adequate to plan for, prevent, or respond24

to disaster in that area and direct steps to be taken as necessary, including25

the creation of an interjurisdictional relationship, a joint disaster26

emergency plan, mutual aid, or an area organization for emergency27

1283-32-

planning and services.1

(2) A finding of the governor pursuant to subsection (1) of this2

section shall be based on one or more factors related to the difficulty of3

maintaining an efficient and effective disaster prevention, preparedness,4

response, and recovery system on a separate basis, such as:5

(a) Small or sparse population;6

(b) Limitations on public financial resources severe enough to7

make maintenance of a separate disaster agency and services8

unreasonably burdensome;9

(c) Unusual vulnerability to disaster as evidenced by a past history10

of disasters, topographical features, drainage characteristics, disaster11

potential, and presence of disaster-prone facilities or operations;12

(d) The interrelated character of the counties in a multicounty13

area; and14

(e) Other relevant conditions or circumstances.15

(3) If the governor finds that a vulnerable area lies only partly16

within this state and includes territory in another state or territory in a17

foreign jurisdiction and that it would be desirable to establish an interstate18

or international relationship or mutual aid or an area organization for19

disaster, the governor shall take steps to that end as desirable. If this20

action is taken with jurisdictions that have enacted the interstate civil21

defense and disaster compact, any resulting agreements may be22

considered supplemental agreements pursuant to article VI of such23

compact.24

(4) If the other jurisdictions with which the governor proposes to25

cooperate pursuant to subsection (3) of this section have not enacted the26

interstate civil defense and disaster compact, the governor may negotiate27

1283-33-

special agreements with such jurisdictions. Any agreement, if sufficient1

authority for the making thereof does not otherwise exist, becomes2

effective only after its text has been communicated to the general3

assembly and if neither house of the general assembly has disapproved it4

before adjournment sine die of the next ensuing session competent to5

consider it or within thirty days of its submission, whichever is longer.6

24-33.5-709. [Formerly 24-32-2109] Local disaster7

emergencies. (1) A local disaster may be declared only by the principal8

executive officer of a political subdivision. It shall not be continued or9

renewed for a period in excess of seven days except by or with the10

consent of the governing board of the political subdivision. Any order or11

proclamation declaring, continuing, or terminating a local disaster12

emergency shall be given prompt and general publicity and shall be filed13

promptly with the county clerk and recorder, city clerk, or other14

authorized record-keeping agency and with the division OFFICE OF15

EMERGENCY MANAGEMENT.16

(2) The effect of a declaration of a local disaster emergency is to17

activate the response and recovery aspects of any and all applicable local18

and interjurisdictional disaster emergency plans and to authorize the19

furnishing of aid and assistance under such plans.20

(3) No interjurisdictional disaster agency or official thereof may21

declare a local disaster emergency unless expressly authorized by the22

agreement pursuant to which the agency functions. An interjurisdictional23

disaster agency shall provide aid and services in accordance with the24

agreement pursuant to which it functions.25

24-33.5-710. [Formerly 24-32-2110] Disaster prevention. (1) In26

addition to disaster prevention measures as included in the state, local,27

1283-34-

and interjurisdictional disaster emergency plans, the governor shall1

consider steps that could be taken on a continuing basis to prevent or2

reduce the harmful consequences of disasters. At the governor's direction,3

and pursuant to any other authority and competence they have, state4

agencies, including but not limited to those charged with responsibilities5

in connection with floodplain management, stream encroachment and6

flow regulation, weather modification, fire prevention and control, air7

quality, public works, land use and land-use planning, and construction8

standards, shall make studies of matters related to disaster prevention.9

The governor and the executive director, from time to time, shall make10

recommendations to the general assembly, local governments, and such11

other appropriate public and private entities as may facilitate measures for12

prevention or reduction of the harmful consequences of disasters.13

(2) All state departments, in conjunction with the division OFFICE14

OF EMERGENCY MANAGEMENT, shall conduct studies and adopt measures15

to reduce the impact of, and actions contributory to, a disaster. The16

studies shall concentrate on means of reducing or avoiding the dangers17

caused by such occurrences or the consequences thereof.18

(3) If the division OFFICE OF EMERGENCY MANAGEMENT believes,19

on the basis of the studies or other competent evidence, that an area is20

susceptible to a disaster of catastrophic proportions without adequate21

warning, that existing building standards and land-use controls in that22

area are inadequate and could add substantially to the magnitude of the23

disaster, and that changes in zoning regulations, other land-use24

regulations, or building requirements are essential in order to further the25

purposes of this section, it shall specify the essential changes to the26

executive director and to the governor. If the governor, upon review of27

1283-35-

the recommendations, finds after public hearing that the changes are1

essential, the governor shall so recommend to the agencies or local2

governments with jurisdictions over the area and subject matter. If no3

action or insufficient action pursuant to the governor's recommendations4

is taken within the time specified by the governor, the governor shall so5

inform the general assembly and request legislative action appropriate to6

mitigate the impact of disaster.7

(4) The governor, at the same time that the governor makes8

recommendations pursuant to subsection (3) of this section, may suspend9

the standard or control which the governor finds to be inadequate to10

protect the public safety and by regulation place a new standard or control11

in effect. The new standard or control shall remain in effect until rejected12

by joint resolution of both houses of the general assembly or amended by13

the governor. During the time it is in effect, the standard or control14

contained in the governor's regulation shall be administered and given full15

effect by all relevant regulatory agencies of the state and local16

governments to which it applies. The governor's action is subject to17

judicial review but shall not be subject to temporary stay pending18

litigation.19

24-33.5-711. [Formerly 24-32-2111] Compensation - liability20

when combating grasshopper infestation. (1) Each person within this21

state shall conduct himself or herself and keep and manage such person's22

affairs and property in ways that will reasonably assist and will not23

unreasonably detract from the ability of the state and the public24

successfully to meet disasters or emergencies. This obligation includes25

appropriate personal service and use or restriction on the use of property26

in time of disaster emergency. This part 21 PART 7 neither increases nor27

1283-36-

decreases these obligations but recognizes their existence under the1

constitution and statutes of this state and the common law. Compensation2

for services or for the taking or use of property shall be only to the extent3

that the obligations recognized in this subsection (1) are exceeded in a4

particular case and then only to the extent that the claimant has not5

volunteered such claimant's services or property without compensation.6

(2) No personal services may be compensated by the state or any7

subdivision or agency thereof, except pursuant to statute or local law or8

ordinance.9

(3) Compensation for property shall be made only if the property10

was commandeered or otherwise used in coping with a disaster11

emergency and its use or destruction was ordered by the governor or a12

member of the disaster emergency forces of this state.13

(4) The amount of compensation shall be calculated in the same14

manner as compensation due for taking of property pursuant to eminent15

domain procedures, as provided in articles 1 to 7 of title 38, C.R.S.16

(5) Nothing in this section applies to or authorizes compensation17

for the destruction or damaging of standing timber or other property in18

order to provide a firebreak or applies to the release of waters or the19

breach of impoundments in order to reduce pressure or other danger from20

actual or threatened flood.21

(6) The state and its agencies and political subdivisions and the22

officers and employees of the state and its agencies and political23

subdivisions shall not be liable for any claim based upon the exercise or24

performance or the failure to exercise or perform an act relating to the25

combating of grasshopper infestation of this state except for negligence26

or willful disregard of the rights of others, and then only to the extent of27

1283-37-

one hundred thousand dollars for any injury to or damage suffered by one1

person and the sum of three hundred thousand dollars for an injury to or2

damage suffered by two or more persons in any single occurrence; except3

that, in such latter instance, no person may recover in excess of one4

hundred thousand dollars. This subsection (6) is the total extent of5

liability of the state and its agencies and political subdivisions and the6

officers and employees of the state and its agencies and political7

subdivisions with regard to the combating of grasshopper infestation of8

the state and abrogates any common-law cause of action thereto. Except9

to the extent of insurance coverage, no person acting as a contractor with10

the state or any of its political subdivisions, or any officer or employee of11

such contractor, shall be liable on any claim alleging strict liability on12

contract or tort for actions taken relating to combating grasshopper13

infestation of the state under this part 21 PART 7 or under House Bill No.14

1001, enacted at the second extraordinary session of the fifty-first general15

assembly IN 1978.16

24-33.5-711.5. [Formerly 24-32-2111.5] Governor's expert17

emergency epidemic response committee - compensation - liability.18

(1) Neither the state nor the members of the expert emergency epidemic19

response committee designated or appointed pursuant to section20

24-32-2104 (8) shall be SECTION 24-33.5-704 (8) ARE liable for any claim21

based upon the committee's advice to the governor or the alleged22

negligent exercise or performance of, or failure to exercise or perform an23

act relating to an emergency epidemic. Liability against a member of the24

committee may be found only for wanton or willful misconduct or willful25

disregard of the best interests of protecting and maintaining the public26

health. Damages awarded on the basis of such liability shall not exceed27

1283-38-

one hundred thousand dollars for any injury to or damage suffered by one1

person or three hundred thousand dollars for an injury to or damage2

suffered by three or more persons in the course of an emergency3

epidemic.4

(2) The conduct and management of the affairs and property of5

each hospital, physician, health insurer or managed health care6

organization, health care provider, public health worker, or emergency7

medical service provider shall be such that they will reasonably assist and8

not unreasonably detract from the ability of the state and the public to9

successfully control emergency epidemics that are declared a disaster10

emergency. Such persons and entities that in good faith comply11

completely with board of health rules regarding the emergency epidemic12

and with executive orders regarding the disaster emergency shall be13

immune from civil or criminal liability for any action taken to comply14

with the executive order or rule.15

(3) No personal services may be compensated by the state or any16

subdivision or agency of the state, except pursuant to statute or local law17

or ordinance.18

(4) Compensation for property shall be made only if the property19

was commandeered or otherwise used in coping with an emergency20

epidemic that is declared by the governor or a member of the disaster21

emergency forces of this state.22

(5) The amount of compensation shall be calculated in the same23

manner as compensation due for taking of property pursuant to eminent24

domain procedures, as provided in articles 1 to 7 of title 38, C.R.S.25

24-33.5-712. [Formerly 24-32-2112] Telecommunications -26

intent. The state telecommunications director, working in coordination27

1283-39-

with the office DIVISION OF HOMELAND SECURITY AND EMERGENCY1

MANAGEMENT, shall ascertain what means exist for rapid and efficient2

telecommunications in times of disaster emergencies. Operational3

characteristics of the available systems of telecommunications shall be4

evaluated by the office, and recommendations for modifications shall be5

made to the state telecommunications director. It is the intent of this6

section that adequate means of telecommunications be available for use7

during disaster emergencies.8

24-33.5-713. [Formerly 24-32-2113] Mutual aid. (1) Political9

subdivisions not participating in interjurisdictional arrangements pursuant10

to this part 21 PART 7 nevertheless shall be encouraged and assisted by the11

office OF EMERGENCY MANAGEMENT to conclude suitable arrangements12

for furnishing mutual aid in coping with disasters. The arrangements shall13

include provision of aid by persons and units in public employ.14

(2) In passing upon local disaster plans, the governor shall15

consider whether such plans contain adequate provisions for the rendering16

and receipt of mutual aid.17

(3) It is a sufficient reason for the governor to require an18

interjurisdictional agreement or arrangement pursuant to section19

24-32-2108 SECTION 24-33.5-708 that the area involved and political20

subdivisions therein have available equipment, supplies, and forces21

necessary to provide mutual aid on a regional basis and that the political22

subdivisions have not already made adequate provision for mutual aid;23

except that, in requiring the making of an interjurisdictional arrangement24

to accomplish the purpose of this section, the governor need not require25

establishment and maintenance of an interjurisdictional agency or26

arrangement for any other disaster purposes.27

1283-40-

24-33.5-714. [Formerly 24-32-2114] Weather modification. The1

office OF EMERGENCY MANAGEMENT shall keep continuously apprised of2

weather conditions which THAT present danger of precipitation or other3

climatic activity severe enough to constitute a disaster. If the office OF4

EMERGENCY MANAGEMENT determines that precipitation that may result5

from weather modification operations, either by itself or in conjunction6

with other precipitation or climatic conditions or activity, would create or7

contribute to the severity of a disaster, it shall recommend to the8

executive director of the department of natural resources, empowered to9

issue permits for weather modification operations under article 20 of title10

36, C.R.S., to warn those organizations or agencies engaged in weather11

modification to suspend their operations until the danger has passed or12

recommend that said executive director modify the terms of any permit13

as may be necessary.14

24-33.5-715. [Formerly 24-32-2115] Merit system. In15

accordance with section 13 (4) of article XII of the state constitution, the16

state personnel board may provide personnel services pursuant to contract17

to civil defense employees of the political subdivisions of the state, except18

where such employees are covered by another federally approved merit19

system.20

24-33.5-716. [Formerly 24-32-2116] Interoperable21

communications among public safety radio systems - statewide plan22

- regional plans - governmental immunity - definitions. (1) As used23

in this section, unless the context otherwise requires:24

(a) "Executive director" means the executive director of the25

department of local affairs.26

(b) (a) "Interoperable communications" means the ability of public27

1283-41-

safety agencies in various disciplines and jurisdictions to communicate on1

demand and in real time by voice or data using compatible radio2

communication systems or other technology.3

(c) (b) "Public safety agency" means an agency providing law4

enforcement, fire protection, emergency medical, or emergency response5

services.6

(d) (c) "Region" means an all-hazards emergency management7

region established by executive order of the governor.8

(2) No later than March 1, 2007, The executive director OF THE9

DEPARTMENT OF LOCAL AFFAIRS shall adopt a TRANSFER TO THE10

EXECUTIVE DIRECTOR THE tactical and long-term interoperable11

communications plan DEVELOPED PURSUANT TO FORMER SECTION12

24-32-1116, AS SAID SECTION EXISTED ON JUNE 30, 2012, to improve the13

ability of the public safety agencies of state government to communicate14

with public safety agencies of the federal government, regions, local15

governments, and other states. The plan shall include measures to create16

and periodically test interoperability interfaces, provisions for training on17

communications systems and exercises on the implementation of the plan,18

and deadlines for implementation. The executive director shall update and19

revise the plan no less than once every three years. THE PLAN SHALL20

INCLUDE MEASURES TO CREATE AND PERIODICALLY TEST21

INTEROPERABILITY INTERFACES, PROVISIONS FOR TRAINING ON22

COMMUNICATIONS SYSTEMS AND EXERCISES ON THE IMPLEMENTATION OF23

THE PLAN, AND DEADLINES FOR IMPLEMENTATION.24

(3) (a) No later than November 1, 2006, each region shall adopt25

and submit to The executive director a OF THE DEPARTMENT OF LOCAL26

AFFAIRS SHALL TRANSFER TO THE EXECUTIVE DIRECTOR THE tactical and27

1283-42-

long-term interoperable communications plan, ADOPTED BY EACH REGION1

PURSUANT TO FORMER SECTION 24-32-1116, AS SAID SECTION EXISTED ON2

JUNE 30, 2012, to improve communications among public safety agencies3

in the region and with public safety agencies of other regions, the state4

and federal governments, and other states. The plan PLANS shall include5

measures to create and periodically test interoperability interfaces,6

provisions for training on communications systems and exercises on the7

implementation of the plan, a strategy for integrating with the state digital8

trunked radio system, deadlines for implementation, and other elements9

required by the executive director. EACH REGION SHALL SUBMIT TO THE10

EXECUTIVE DIRECTOR REVISED PLANS AS SUCH ARE UPDATED.11

(b) Each local government agency or private entity that operates12

a public safety radio system shall collaborate in the development AND, AS13

NECESSARY, PERIODIC REVISION of the tactical and long-term14

interoperable communications plan of the region in which it is located.15

SUCH TACTICAL PLANS, AND REVISIONS THERETO, SHALL BE SUBMITTED TO16

THE EXECUTIVE DIRECTOR.17

(c) A region that TIMELY fails to submit a tactical and long-term18

interoperable communications plan by the date specified in paragraph (a)19

of this subsection (3) OR REVISIONS THERETO, or a local government20

agency that fails to collaborate in the development of OR TIMELY SUBMIT21

the plan, OR A REGION OR LOCAL GOVERNMENT AGENCY THAT FAILS TO22

MAINTAIN CURRENT PLANS, shall be ineligible to receive homeland23

security or public safety grant moneys administered by the department of24

local affairs, department of public safety, or department of public health25

and environment until the region submits a plan to the executive director.26

(4) A public safety agency shall not expend moneys received27

1283-43-

through the department of local affairs on a mobile data communication1

system unless the system is capable of interoperable communications.2

(5) The executive director shall not require a public safety agency3

to acquire the communications equipment of a particular manufacturer or4

provider as a condition of awarding grant moneys administered by the5

department. of local affairs.6

(6) A public safety agency or an employee of a public safety7

agency acting in collaboration with another agency or person to create8

and operate an interoperable communications system shall have the same9

degree of immunity under the "Colorado Governmental Immunity Act",10

article 10 of this title, as the public safety agency or employee would have11

if not acting in collaboration with another agency or person.12

PART 813

COMPENSATION BENEFITS TO VOLUNTEER 14

CIVIL DEFENSE WORKERS15

24-33.5-801. [Formerly 24-32-2201] Legislative declaration. It16

is the policy and purpose of this part 22 PART 8 to provide a means of17

compensating volunteer civil defense workers who may suffer any injury18

as defined in section 24-32-2202 (4) SECTION 24-33.5-802 (4) as a result19

of participation in civil defense service.20

24-33.5-802. [Formerly 24-32-2202] Definitions. As used in this21

part 22 PART 8, unless the context otherwise requires:22

(1) "Accredited local organization for civil defense" means a local23

organization for civil defense that is certified by the division OFFICE of24

emergency management as conforming with the "Plan and Program for25

the Civil Defense of this State" prepared by the governor of Colorado or26

under the governor's direction. A local organization for civil defense27

1283-44-

remains accredited only while the certificate of the Colorado state civil1

defense agency is in effect and is not revoked.2

(1.5) "ADJUSTING AGENT" MEANS THE THIRD-PARTY WORKERS'3

COMPENSATION INSURER WITH WHICH THE OFFICE OF EMERGENCY4

MANAGEMENT CONTRACTS, IN ACCORDANCE WITH SECTION 24-33.5-809,5

FOR THE ADJUSTMENT AND DISPOSITION OF CLAIMS AND PROVISION OF6

COMPENSATION PURSUANT TO THIS PART 8.7

(2) "Civil defense service" means all activities authorized by and8

carried on pursuant to the provisions of the "Colorado Disaster9

Emergency Act" of 1992", part 21 PART 7 of this article, including10

training necessary or proper to engage in such activities.11

(3) "Civil defense worker" means any natural person who is12

registered with the division OFFICE of emergency management or with a13

local organization for civil defense for the purpose of engaging in civil14

defense service pursuant to the provisions of this part 22 PART 8 without15

pay or other consideration or is a physician, health care provider, public16

health worker, or emergency medical service provider who is ordered by17

the governor or a member of the disaster emergency forces of this state18

to provide specific medical or public health services during and related19

to an emergency epidemic and who complies with such an order without20

pay or other consideration.21

(3.3) "Department" means the department of local affairs.22

(3.5) (4) "Disaster" shall have HAS the same meaning as set forth23

in section 24-32-2103 (1.5) SECTION 24-33.5-703.24

(3.7) (5) "Emergency volunteer service" means all activities25

authorized and carried out by a volunteer who is a member of a qualified26

volunteer organization as directed by a county sheriff, local government,27

1283-45-

local emergency planning committee, or state agency in the event of1

disaster.2

(4) (6) "Injury" means and includes all accidental injuries and all3

occupational diseases recognized and compensated by the "Workers'4

Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S., as5

well as any illness that is caused by an emergency epidemic declared to6

be a disaster emergency.7

(4.5) (7) "Local emergency planning committee" means a8

committee that meets the criteria specified in section 24-32-2604 SECTION9

24-33.5-1504.10

(5) (8) "Local organization for civil defense" means a public11

agency which is empowered to register and direct the activities of civil12

defense workers within the area of the county or city or any part thereof13

and is thus, because of such registration and direction, acting as an14

instrumentality of the state in aid of the carrying out of the general15

governmental functions and policy of the state and includes a local16

organization for civil defense established by ordinance.17

(6) (9) "Qualified volunteer" means a volunteer who meets the18

criteria specified in section 24-32-2224 (1) SECTION 24-33.5-824 (1).19

(7) (10) "Volunteer" means a volunteer who is a member of a20

volunteer organization and provides volunteer services through the21

organization in the event of a disaster.22

(8) (11) "Volunteer organization" means an organization that23

provides emergency services on a state or local level pursuant to this part24

22.25

24-33.5-803. [Formerly 24-32-2203] Compensation for injury26

limited. Except as provided in this part 22 PART 8, a civil defense worker27

1283-46-

and such civil defense worker's dependents shall have no right to receive1

compensation from the state, from the division OFFICE of emergency2

management, from the local organization for civil defense with which3

such civil defense worker is registered, or from the county or city which4

has empowered the local organization for civil defense to register such5

civil defense worker and direct such civil defense worker's activities for6

an injury arising out of and occurring in the course of such civil defense7

worker's activities as a civil defense worker.8

24-33.5-804. [Formerly 24-32-2204] Compensation provided is9

exclusive. Compensation provided by this part 22 PART 8, as limited by10

the provisions of this part 22 PART 8, is the exclusive remedy of a civil11

defense worker or such civil defense worker's dependents for injury or12

death arising out of and in the course of such civil defense worker's13

activities as a civil defense worker as against the state, the division OFFICE14

of emergency management, the local organization for civil defense with15

which such civil defense worker is registered, and the county or city that16

has empowered the local organization for civil defense to register such17

civil defense worker and direct such civil defense worker's activities.18

Liability for the compensation provided by this part 22 PART 8, as limited19

by the provisions of this part 22 PART 8, is in lieu of any other liability20

whatsoever to a civil defense worker or such civil defense worker's21

dependents or any other person on the part of the state, the division22

OFFICE of emergency management, the local organization for civil defense23

with which the civil defense worker is registered, and the county or city24

that has empowered the local organization for civil defense to register25

such civil defense worker and direct such civil defense worker's activities26

for injury or death arising out of and in the course of such civil defense27

1283-47-

worker's activities as a civil defense worker.1

24-33.5-805. [Formerly 24-32-2205] Compensation for death2

or injury. (1) Compensation shall be furnished to a civil defense worker3

either within or without the state for any injury arising out of and4

occurring in the course of such civil defense worker's activities as a civil5

defense worker and for the death of any such worker if the injury6

proximately causes death in those cases where the following conditions7

occur:8

(a) Where, at the time of the injury, the civil defense worker is9

performing services as a civil defense worker and is acting within the10

course of such civil defense worker's duties as a civil defense worker;11

(b) Where, at the time of the injury, the local organization for civil12

defense with which the civil defense worker is registered is an accredited13

local organization for civil defense. If the civil defense worker is14

registered with the division OFFICE of disaster emergency services15

MANAGEMENT and is at the time of the injury performing services for said16

division and is acting within the course of such civil defense worker's17

duties as a civil defense worker for said division, registration with an18

accredited local organization for civil defense is not required.19

(c) Where the injury is proximately caused by such civil defense20

worker's service as a civil defense worker, either with or without21

negligence;22

(d) Where the injury is not caused by the intoxication of the23

injured civil defense worker;24

(e) Where the injury is not intentionally self-inflicted.25

24-33.5-806. [Formerly 24-32-2206] Benefits limited to26

appropriation. No compensation or benefits shall be paid or furnished27

1283-48-

to civil defense workers or their dependents pursuant to the provisions of1

this part 22 PART 8 except from moneys appropriated for the purpose of2

furnishing compensation and benefits to civil defense workers and their3

dependents. Liability for the payment or furnishing of compensation and4

benefits is dependent upon and limited to the availability of moneys so5

appropriated.6

24-33.5-807. [Formerly 24-32-2207] Benefits depend on7

reserve. After all moneys appropriated are expended or set aside in8

bookkeeping reserves for the payment or furnishing of compensation and9

benefits and reimbursing Pinnacol Assurance THE ADJUSTING AGENT for10

its services, the payment or furnishing of compensation and benefits for11

an injury to a civil defense worker or such civil defense worker's12

dependents is dependent upon there having been a reserve set up for the13

payment or furnishing of compensation and benefits to such civil defense14

worker or such civil defense worker's dependents for that injury, and15

liability is limited to the amount of the reserve. The excess in a reserve for16

the payment or furnishing of compensation and benefits or for17

reimbursing Pinnacol Assurance THE ADJUSTING AGENT for its services18

may be transferred to reserves of other civil defense workers for the19

payment or furnishing of compensation and benefits and reimbursing the 20

Pinnacol Assurance THE ADJUSTING AGENT fund or may be used to set up21

reserves for other civil defense workers.22

24-33.5-808. [Formerly 24-32-2208] Workers' compensation23

law applies. Insofar as not inconsistent with the provisions of this part 2224

PART 8, all of the provisions of the "Workers' Compensation Act of25

Colorado" shall apply APPLIES to civil defense workers and their26

dependents and to the furnishing of compensation and medical, dental,27

1283-49-

and funeral benefits to them or their dependents. "Employee", as used in1

said act, includes a civil defense worker when liability for the furnishing2

of the compensation and benefits exists pursuant to the provisions of this3

part 22 PART 8 and as limited by the provisions of this part 22 PART 8.4

Where liability for compensation and benefits exists, such compensation5

and benefits shall be provided in accordance with the applicable6

provisions of the "Workers' Compensation Act of Colorado" and at the7

maximum rate provided therein, subject to the limitations set forth in this8

part 22 PART 8.9

24-33.5-809. [Formerly 24-32-2209] Agreement for disposition10

of claims. The division OFFICE of emergency management and Pinnacol 11

Assurance THE ADJUSTING AGENT shall enter into an agreement requiring12

Pinnacol Assurance, as THE adjusting agent to adjust and dispose of13

claims and furnish compensation to civil defense workers and their14

dependents. The agreement shall authorize Pinnacol Assurance THE15

ADJUSTING AGENT to make all expenditures, including payments to16

claimants for compensation or for the adjustment or settlement of claims.17

Nothing in this part 22 shall be construed to mean PART 8 MEANS that 18

Pinnacol Assurance THE ADJUSTING AGENT or its officers or agents have19

the final decision with respect to the compensability of any case or the20

amount of compensation or benefits due. Any civil defense worker or21

such civil defense worker's dependents shall have the same right to22

hearings before the division of labor in the department of labor and23

employment and its referees and to appeal from awards of said division24

and referees to the industrial claim appeals panel and to the courts as is25

provided in the hearing and review procedures of the "Workers'26

Compensation Act of Colorado" found in article 43 of title 8, C.R.S.,27

1283-50-

subject to the limitations prescribed in this part 22 PART 8.1

24-33.5-810. [Formerly 24-32-2210] Reimbursement of fund.2

The agreement ENTERED INTO PURSUANT TO SECTION 24-33.5-809 shall3

provide that Pinnacol Assurance THE ADJUSTING AGENT shall be4

reimbursed for the ITS expenditures made as adjusting agent and for the5

cost of services rendered, which reimbursement shall be made out of6

moneys appropriated for the purpose of furnishing compensation to civil7

defense workers. The reimbursement for cost of services rendered shall8

not exceed twelve and one-half percent of the total expenditures for9

medical and dental treatment and disability and death payments made by10

Pinnacol Assurance THE ADJUSTING AGENT in the adjustment of claims11

arising under this part 22 PART 8. The agreement shall provide for the12

setting up of bookkeeping reserves in order that provisions may be made13

for the reimbursement of Pinnacol Assurance THE ADJUSTING AGENT and14

that liability for the payment or furnishing of compensation may be15

determined. The agreement shall also provide that Pinnacol Assurance16

THE ADJUSTING AGENT shall be notified promptly by the division OFFICE17

of emergency management when a local organization for civil defense is18

certified as an accredited local organization for civil defense and when19

the certification is revoked.20

24-33.5-811. [Formerly 24-32-2211] Parties to agreement. An21

accredited local organization for civil defense and the county, town, or22

city which has empowered the local organization for civil defense to23

register and direct activities of civil defense workers automatically24

become parties to the agreement ENTERED INTO PURSUANT TO SECTION25

24-33.5-809 upon the local organization for civil defense becoming an26

accredited local organization for civil defense.27

1283-51-

24-33.5-812. [Formerly 24-32-2212] Other provisions of1

agreement. The agreement ENTERED INTO PURSUANT TO SECTION2

24-33.5-809 may also contain any other provision not inconsistent with3

this part 22 PART 8 deemed necessary by the division OFFICE of4

emergency management and Pinnacol Assurance THE ADJUSTING AGENT5

for the furnishing of compensation to civil defense workers and their6

dependents in accordance with the provisions of this part 22 PART 8 and7

the serving by Pinnacol Assurance as adjusting agent SERVICES PROVIDED8

BY THE ADJUSTING AGENT. The agreement may be modified by action of9

the division OFFICE of emergency management and Pinnacol Assurance10

THE ADJUSTING AGENT.11

24-33.5-813. [Formerly 24-32-2213] Power of recovery - use of12

recovered amounts. Pinnacol Assurance THE ADJUSTING AGENT may, in13

its own name or in the name of the division OFFICE of emergency14

management, or both, do any and all things necessary to recover on behalf15

of the division OFFICE of emergency management any and all amounts16

that an employer or insurance carrier might recover under the provisions17

of section 8-41-203, C.R.S. All amounts so recovered shall be used for18

the furnishing of compensation benefits, and the agreement ENTERED INTO19

PURSUANT TO SECTION 24-33.5-809 shall provide for the reimbursing of20

the Pinnacol Assurance fund THE ADJUSTING AGENT for expenses incurred21

in recovering such amounts and the manner in which such amounts shall22

be applied to the furnishing of compensation.23

24-33.5-814. [Formerly 24-32-2214] Federal benefits deducted.24

Should the United States government or any agent thereof, in accordance25

with any federal statute or rule or regulation, furnish monetary assistance,26

benefits, or other temporary or permanent relief to civil defense workers27

1283-52-

or their dependents for injuries arising out of and occurring in the course1

of their activities as civil defense workers, the amount of compensation2

which any civil defense worker or such civil defense worker's dependents3

are otherwise entitled to receive from the state of Colorado as provided4

in this part 22 PART 8 shall be reduced by the amount of monetary5

assistance, benefits, or other temporary or permanent relief such civil6

defense worker or such civil defense worker's dependents have received7

and will receive from the United States or any agent thereof as a result of8

the injury.9

24-33.5-815. [Formerly 24-32-2215] State medical aid denied10

- when. If, in addition to monetary assistance, benefits, or other11

temporary or permanent relief, the United States government or any agent12

thereof furnishes medical, surgical, or hospital treatment or any13

combination thereof to an injured civil defense worker, such civil defense14

worker has no right to receive similar medical, surgical, or hospital15

treatment as provided in this part 22 PART 8; except that Pinnacol16

Assurance THE ADJUSTING AGENT, as adjusting agent of the division17

OFFICE of emergency management, may furnish medical, surgical, or18

hospital treatment as part of the compensation provided under the19

provisions of this part 22 PART 8.20

24-33.5-816. [Formerly 24-32-2216] Medical benefits as part of21

compensation. If, in addition to monetary assistance, benefits, or other22

temporary or permanent relief, the United States government or any agent23

thereof will reimburse a civil defense worker or such civil defense24

worker's dependents for medical, surgical, or hospital treatment or any25

combination thereof furnished to such injured civil defense worker, the26

civil defense worker has no right to receive similar medical, surgical, or27

1283-53-

hospital treatment as provided in this part 22 PART 8; except that Pinnacol1

Assurance THE ADJUSTING AGENT, as adjusting agent of the division2

OFFICE of emergency management, may furnish medical, surgical, or3

hospital treatment as part of the compensation provided under the4

provisions of this part 22 PART 8 and apply to the United States5

government or its agent for the reimbursement that will be made to the6

civil defense worker or such civil defense worker's dependents. As a7

condition to the furnishing of such medical, surgical, or hospital8

treatment, Pinnacol Assurance THE ADJUSTING AGENT shall require the9

civil defense worker and such civil defense worker's dependents to assign10

to the state of Colorado, for the purpose of reimbursing for any medical,11

surgical, or hospital treatment furnished or to be furnished by the state,12

any privilege or right the civil defense worker or such civil defense13

worker's dependents may have to reimbursement from the United States14

government or any agent thereof.15

24-33.5-817. [Formerly 24-32-2217] State benefits barred -16

when. If the furnishing of compensation under the provisions of this part17

22 PART 8 and the acts referred to in this part 22 PART 8 to a civil defense18

worker or such civil defense worker's dependents prevents such civil19

defense worker or such civil defense worker's dependents from receiving20

assistance, benefits, or other temporary or permanent relief under the21

provisions of a federal statute or rule or regulation, the civil defense22

worker and such civil defense worker's dependents have no right to and23

shall not receive any compensation from the state of Colorado under the24

provisions of this part 22 PART 8 and the acts referred to in this part 2225

PART 8 for any injury for which the United States government or any26

agent thereof will furnish assistance, benefits, or other temporary or27

1283-54-

permanent relief in the absence of the furnishing of compensation by the1

state of Colorado.2

24-33.5-818. [Formerly 24-32-2218] Classes of workers -3

registration - duties. The division of HOMELAND SECURITY AND4

emergency management shall establish by rule and regulation various5

classes of civil defense workers and the scope of the duties of each class.6

The division of HOMELAND SECURITY AND emergency management shall7

also adopt rules and regulations prescribing the manner in which civil8

defense workers of each class are to be registered. All such rules and9

regulations shall be designed to facilitate the paying of workers'10

compensation.11

24-33.5-819. [Formerly 24-32-2219] Accrediting local12

organization. Any local organization for civil defense that both agrees13

to follow the rules and regulations established by the division of 14

HOMELAND SECURITY AND emergency management pursuant to the15

provisions of this part 22 PART 8 and substantially complies with such16

rules and regulations shall be certified by the division of HOMELAND17

SECURITY AND emergency management. Upon making the certification,18

not before, the local organization for civil defense becomes an accredited19

local organization for civil defense.20

24-33.5-820. [Formerly 24-32-2220] Accredited status lost -21

when. If an accredited local organization for civil defense fails to comply22

with the rules and regulations of the division of HOMELAND SECURITY23

AND emergency management in any material degree, the division of24

HOMELAND SECURITY AND emergency management may revoke the25

certification, and upon the act of revocation the local organization for26

civil defense shall lose its accredited status. It may again become an27

1283-55-

accredited local organization for civil defense in the same manner as is1

provided for a local organization for civil defense that has not had its2

certificate revoked.3

24-33.5-821. [Formerly 24-32-2221] Transfer of moneys. Not4

less often than once each ninety days, the treasurer of the state of 5

Colorado, upon the written request of Pinnacol Assurance THE ADJUSTING6

AGENT, shall transfer to the account of Pinnacol Assurance DESIGNATED7

BY THE ADJUSTING AGENT, from the sum appropriated by the general8

assembly for the payment of claims that may arise under this part 22 PART9

8, such sum as may be required to reimburse Pinnacol Assurance THE10

ADJUSTING AGENT in full for any sum theretofore paid by Pinnacol11

Assurance THE ADJUSTING AGENT on any claims arising under the12

provisions of this part 22 PART 8, together with any expense incurred by13

Pinnacol Assurance THE ADJUSTING AGENT in adjusting THE same as14

provided in this part 22 PART 8, and such amount as may be estimated by15

Pinnacol Assurance THE ADJUSTING AGENT as being necessary to carry16

said claims to maturity and ensure the full payment thereof. The requests17

of Pinnacol Assurance THE ADJUSTING AGENT from time to time for the18

transfer of moneys as provided in this section shall cite this part 22 PART19

8 as authority for such transfer and shall be made upon such form as the20

treasurer of the state of Colorado and the controller may prescribe or, in21

the absence of the prescribing of special forms, upon a voucher citing this22

part 22 PART 8 as authority.23

24-33.5-822. [Formerly 24-32-2222] County sheriff - local24

government - local emergency planning committee - memorandum of25

understanding with volunteer organizations. (1) Any county sheriff,26

the director of any local government, any local emergency planning27

1283-56-

committee, or any state agency may develop and enter into a1

memorandum of understanding with one or more volunteer organizations2

to assist the county sheriff, local government, local emergency planning3

committee, or state agency in providing services in the event of a disaster.4

(2) A memorandum of understanding between a county sheriff, a5

local government, a local emergency planning committee, or a state6

agency and a volunteer organization may include the following7

information:8

(a) The circumstances under which the county sheriff, local9

government, local emergency planning committee, or state agency may10

request the services of the volunteer organization in a disaster;11

(b) The circumstances under which the volunteer organization12

may accept or refuse the request for assistance by the county sheriff, local13

government, local emergency planning committee, or state agency in a14

disaster;15

(c) The party that will be responsible for any costs incurred by the16

volunteer organization in the course of assisting the county sheriff, local17

government, local emergency planning committee, or state agency in a18

disaster;19

(d) The specific training or certification required for volunteers20

who are members of the volunteer organization to be authorized to assist21

the county sheriff, local government, local emergency planning22

committee, or state agency in a disaster;23

(e) The duration of the memorandum of understanding;24

(f) Provisions for amending the memorandum of understanding;25

and26

(g) Any other information deemed necessary by the county sheriff,27

1283-57-

local government, local emergency planning committee, or state agency1

or by the volunteer organization.2

(3) If national or statewide training and certification standards3

exist for a certain organization or certain type of volunteer, the existing4

standards shall be used in a memorandum of understanding created5

pursuant to this section.6

(4) The most current version of the state of Colorado7

intergovernmental agreement for emergency management may be used as8

the memorandum of understanding pursuant to this section.9

24-33.5-823. [Formerly 24-32-2223] Qualified volunteer10

organization list - creation - nomination of organizations. (1) Any11

volunteer who is associated with a qualified volunteer organization12

pursuant to this section may be eligible to receive the protections and13

benefits specified in this part 22 PART 8 and in article 10 of this title. The14

executive director of the department or the executive director's designee15

shall create and maintain a list of volunteer organizations that shall be16

known as the "qualified volunteer organization list".17

(2) Any county sheriff, local government, local emergency18

planning committee, or state agency may nominate a volunteer19

organization with which it enters into a memorandum of understanding20

pursuant to section 24-32-2222 SECTION 24-33.5-822 to be included on21

the qualified volunteer organization list created and maintained pursuant22

to subsection (1) of this section.23

24-33.5-824. [Formerly 24-32-2224] Volunteers - provision of24

emergency services - protections - benefits. (1) A volunteer shall be25

allowed to receive the benefits and protections specified in this part 2226

PART 8 and pursuant to article 10 of this title if the volunteer is27

1283-58-

determined to be a qualified volunteer pursuant to this section. A1

volunteer shall be deemed a qualified volunteer if:2

(a) The volunteer is a member of a volunteer organization that3

enters into a memorandum of understanding with a county sheriff, local4

government, local emergency planning committee, or state agency5

pursuant to section 24-32-2222 SECTION 24-33.5-822;6

(b) The volunteer organization of which the volunteer is a member7

is included on the qualified volunteer organization list created and8

maintained by the department pursuant to section 24-32-2223 SECTION9

24-33.5-823;10

(c) The volunteer is called to service through the volunteer11

organization under the authority of the county sheriff, local government,12

local emergency planning committee, or state agency to volunteer in a13

disaster; and14

(d) The volunteer receives the appropriate verification pursuant15


(2) The executive director of the department or the executive17

director's designee shall create a system whereby a volunteer may obtain18

proof to provide to his or her employer that specifies:19

(a) The volunteer was called to service by a volunteer organization20

for the purpose of assisting in a disaster;21

(b) The volunteer reported for service and performed the activities22

required of him or her by the volunteer organization; and23

(c) The number of days of service that the volunteer provided.24

24-33.5-825. [Formerly 24-32-2225] Qualified volunteers -25

leave of absence - public employees. (1) Any qualified volunteer who26

is an officer or employee of the state or of any political subdivision,27

1283-59-

municipal corporation, or other public agency of the state and who is1

called into service by a volunteer organization is entitled to a leave of2

absence from the qualified volunteer's employment for the time when the3

qualified volunteer is serving, without loss of pay, seniority, status,4

efficiency rating, vacation, sick leave, or other benefits. The leave without5

loss of pay that is allowed pursuant to this section shall not exceed a total6

of fifteen work days in any calendar year; except that such leave without7

loss of pay shall be allowed only if the required volunteer service is8

satisfactorily performed, which shall be presumed unless the contrary is9

established.10

(2) The leave allowed pursuant to subsection (1) of this section11

shall be allowed only if the qualified volunteer returns to his or her public12

position the next scheduled work day after being relieved from emergency13

volunteer service; except that leave shall be allowed pursuant to14

subsection (1) of this section if the employee is unable to return to work15

due to injury or circumstances beyond the employee's control and the16

employee notifies the employer as soon as practicable, but prior to the17

next scheduled work day.18

(3) A state agency or any political subdivision, municipal19

corporation, or other public agency of the state may hire a temporary20

employee to fill a vacancy created by a leave of absence allowed pursuant21


(4) Upon returning from a leave of absence allowed pursuant to23

this section, a qualified volunteer is entitled to return to the same position24

and classification held by the qualified volunteer before the leave of25

absence for the emergency volunteer service or to the position, including26

the geographic location of the position, and classification that the27

1283-60-

qualified volunteer would have been entitled to if the qualified volunteer1

did not take a leave of absence for the emergency volunteer service.2

(5) A qualified volunteer who is an officer or employee of the3

state or of any political subdivision, municipal corporation, or other4

public agency of the state, receiving a leave of absence pursuant to this5

section, and having rights in any state, municipal, or other public pension,6

retirement, or relief system shall retain all of the rights accrued up to the7

time of taking the leave and shall have all rights subsequently accruing8

under such system as if the qualified volunteer did not take the leave. Any9

increase in the amount of money benefits accruing with respect to the10

time of the leave is dependent upon the payment of any contributions or11

assessments, and the right to the increase is dependent upon the payment12

of contributions or assessments within a reasonable time after the13

termination of the leave and upon such terms as the authorities in charge14

of the system may prescribe.15

(6) Notwithstanding the provisions of this section, an employer16

shall not be required to provide leave pursuant to this section to more than17

twenty percent of the employer's employees on any work day.18


shall not be required to allow leave pursuant to this section for any20

employee designated as an essential employee. For the purposes of this21

subsection (7), "essential employee" means an employee who the22

employer deems to be essential to the operation of the employer's daily23

enterprise and whose absence would likely cause the employer to suffer24

economic injury.25

24-33.5-826. [Formerly 24-32-2226] Qualified volunteers -26

leave of absence - private employees. (1) Any qualified volunteer who27

1283-61-

is employed by a private employer and who is called into service by a1

volunteer organization for a disaster is entitled to a leave of absence from2

the qualified volunteer's employment, other than employment of a3

temporary nature, for the time when the qualified volunteer is serving.4

The leave allowed for a qualified volunteer pursuant to this section shall5

not exceed a total of fifteen work days in any calendar year, and the leave6

shall be allowed only if the volunteer is called into service for a disaster7

and provides proof that he or she is a qualified volunteer pursuant to8

section 24-32-2224 (2) SECTION 24-33.5-824 (2).9

(2) The leave of absence allowed pursuant to this section shall be10

construed as an absence with leave and without pay and shall not affect11

the qualified volunteer's rights to vacation, sick leave, bonus,12

advancement, or other employment benefits or advantages relating to and13

normally to be expected for the qualified volunteer's particular14

employment.15

(3) The leave of absence pursuant to subsection (1) of this section16

shall be allowed only if the qualified volunteer returns to his or her17

employment as soon as practicable after being relieved from emergency18

volunteer service.19

(4) The employer of a qualified volunteer who takes a leave of20

absence from employment to engage in emergency volunteer service21

shall, upon the qualified volunteer's completion of the emergency22

volunteer service, restore the qualified volunteer to the position the23

volunteer held prior to the leave of absence or to a similar position.24


shall not be required to provide leave pursuant to this section to more than26

twenty percent of the employer's employees on any work day.27

1283-62-


shall not be required to allow leave pursuant to this section for any2

employee designated as an essential employee. For the purposes of this3

subsection (6), "essential employee" means an employee who the4

employer deems to be essential to the operation of the employer's daily5

enterprise, whose absence would likely cause the employer to suffer6

economic injury, or whose duties include assisting in disaster recovery for7

the employer.8

24-33.5-827. [Formerly 24-32-2227] Procedures. (1) The9

department OFFICE OF EMERGENCY MANAGEMENT shall create procedures10

for the administration of this part 22 PART 8. The procedures shall11

include: but need not be limited to, the following:12

(a) A process for a county sheriff, local government, local13

emergency planning committee, or state agency to nominate a volunteer14

organization to be included on the qualified volunteer organization list15

pursuant to section 24-32-2223 (2) SECTION 24-33.5-823; and16

(b) A process to verify that a qualified volunteer provided17

volunteer services during a disaster and a method to allow the volunteer18

to provide proof of such service to his or her employer pursuant to section19

24-32-2224 (2) SECTION 24-33.5-824 (2).20

24-33.5-828. [Formerly 24-32-2228] Interpretation. (1) Nothing21

in this part 22 shall be construed to amend, suspend, supercede PART 822

AMENDS, SUSPENDS, SUPERCEDES, or otherwise modify MODIFIES the23

protections provided to volunteer firefighters pursuant to section24

31-30-1131, C.R.S.25

(2) Nothing in this part 22 shall be construed to affect PART 826

AFFECTS any preexisting intergovernmental agreement regarding27

1283-63-

emergency management or any other issue.1

PART 92

CIVIL DEFENSE LIABILITY - PUBLIC OR PRIVATE3

24-33.5-901. [Formerly 24-32-2301] Short title. This part 234

PART 9 shall be known and may be cited as the "Civil Defense Liability5

Act".6

24-33.5-902. [Formerly 24-32-2302] Legislative declaration - no7

private liability. (1) It is declared to be the policy of the general8

assembly to encourage the owners of any building, mine, structure, or9

other real estate to make such property available, without compensation,10

for civil defense, and for that purpose this section is enacted.11

(2) No person, limited liability company, partnership, corporation,12

or association shall be civilly liable, except for willful and wanton acts,13

for the death or injury of any person or the injury to or loss of any14

property which may occur in or on the property of such person, limited15

liability company, partnership, corporation, or association resulting from16

any preparation, drill, exercise, use in an official alert, or inspection17

incidental to a civil defense activity. This exemption from liability18

extends to any owner, tenant, lessee, assignee, or successor in interest of19

any property used for civil defense purposes, together with his or her20

personal representatives, heirs, successors, and assigns.21

24-33.5-903. [Formerly 24-32-2303] State liability. All legal22

liabilities for damages, not only to property under the provisions of the23

constitution of the state of Colorado but also for death or injury to any24

person, except a civil defense worker regularly enrolled and acting as25

such, caused by acts done or attempted under the color of the "Colorado26

Disaster Emergency Act", of 1992", part 21 PART 7 of this article, in a27

1283-64-

bona fide attempt to comply therewith, shall be the obligation of the state1

of Colorado. Permission is given for suits against the state for recovery2

of compensation in that behalf, and for the indemnification of any person3

appointed and regularly enrolled as a civilian defense worker while4

actually engaged in civil defense duties or as a member of any agency of5

the state or political subdivision thereof engaged in civilian defense6

activity, or such person's dependents, as an aspect of damage done to such7

person's private property, or judgment against such person for acts done8

in good faith attempts in compliance with this part 23 PART 9. The9

foregoing shall not be construed to result in indemnification in any case10

of willful misconduct, gross negligence, or bad faith on the part of any11

agent of civilian defense. Should the United States government or any12

agency thereof, in accordance with any federal statute, rule, or regulation,13

provide for the payment of damages to property or for death or injury as14

provided for in this section, then and in that event, there shall be no15

liability or obligation whatsoever upon the part of the state of Colorado16

for any such damage, death, or injury for which the United States17

government assumes liability.18

24-33.5-904. [Formerly 24-32-2304] Recovery for personal19

injury. (1) Recovery for the injury or death of persons appointed and20

regularly enrolled in a civil defense organization as contemplated by the21

"Colorado Disaster Emergency Act", of 1992", part 21 PART 7 of this22

article, while actually engaged in civil defense duties shall be limited to23

the provisions of the "Workers' Compensation Act of Colorado", articles24

40 to 47 of title 8, C.R.S. If such persons are regularly employed by the25

state of Colorado or its political subdivisions, and, if such persons are26

volunteer civil defense workers, shall be limited as otherwise provided by27

1283-65-

statute.1

(2) The provisions of Subsection (1) of this section shall not affect2

the right of any person to receive benefits or compensation to which such3

person might be entitled under any workers' compensation or pension law4

or any act of congress.5

PART 106

EVACUATION OF SCHOOL7

BUILDINGS FOR CIVIL DEFENSE8

24-33.5-1001. [Formerly 24-32-2401] Evacuation plan9

agreements. Any board of education of any school district in the state of10

Colorado may enter into an agreement with the appropriate local civil11

defense agency or authorities for the purpose of establishing an orderly12

plan for the evacuation of any or all school buildings within the13

jurisdiction of said school district.14

24-33.5-1002. [Formerly 24-32-2402] Evacuation drill - district15

liability. In the event that such school district and the respective local16

civil defense agency or authorities desire to perform an evacuation drill17

for any or all school buildings, the board of education of such school18

district and its officers, employees, and agents participating therein shall19

be relieved of all liability, except as otherwise provided by article 10 of20

this title, with regard to the accidental injury of any pupil during school21

hours from the time that the pupil leaves the school building until such22

pupil's return to the building at the conclusion of the evacuation drill.23

24-33.5-1003. [Formerly 24-32-2403] Buses used. For drill or24

other evacuation purposes as described in this part 24 PART 10, buses and25

such other modes of transport as are operated by the respective school26

district for the transportation of pupils may be operated by the district27

1283-66-

outside the boundaries of the district.1

24-33.5-1004. [Formerly 24-32-2404] Liability insurance. For2

purposes of this part 24 PART 10, a school district may expend available3

funds to utilize the services of its employees or properties and may, if the4

board of education so desires, pay premiums from available funds to5

procure liability and property damage insurance covering such district, its6

governing body, officers, and employees, and, if deemed necessary or7

desirable, volunteer workers while participating in such civil defense8

activity, but there shall be no right of contribution on the part of such9

district to the insurance carrier.10

24-33.5-1005. [Formerly 24-32-2405] Extraterritorial powers.11

When the officers, employees, or agents of any school district12

participating in any civil defense exercise in connection with the13

provisions of this part 24 PART 10 are required to go beyond the territorial14

limits of such political subdivision, such persons shall nevertheless have15

the same powers, duties, rights, privileges, and immunities while beyond16

the territorial limits of the school district as if they were performing their17

duties within the territorial limits of such district.18

PART 1119

DISASTER RELIEF20

24-33.5-1101. [Formerly 24-32-2501] Power to make rules. The21

governor is authorized to make rules and regulations necessary to carry22

out the purposes of this part 25 PART 11, including but not limited to,23

standards of eligibility for persons applying for benefits; procedures for24

applying and administration; methods of investigating, filing, and25

approving applications; and formation of local or statewide boards to pass26

upon applications and procedures for appeal.27

1283-67-

24-33.5-1102. [Formerly 24-32-2502] Emergency relief. (1) In1

an emergency, the governor may provide assistance to save lives and to2

protect property and public health and safety.3

(2) The governor may provide such emergency assistance by4

directing state agencies to provide technical assistance and advisory5

personnel to the affected state and local governments in giving:6

(a) Aid in the performance of essential community services,7

warning of further risks and hazards, public information and assistance8

in health and safety measures, technical advice on management and9

control, and reduction of immediate threats to public health and safety;10

and11

(b) Assistance in the distribution of medicine, food, and other12

consumable supplies or emergency assistance.13

(3) In addition, in any emergency, the governor is authorized to14

provide such other assistance under this part 25 PART 11 as the governor15

deems appropriate.16

24-33.5-1103. [Formerly 24-32-2503] False claims - penalties.17

Any person who fraudulently or willfully makes a misstatement of fact in18

connection with an application for financial assistance under this part 2519

PART 11 and who thereby receives assistance to which such person is not20

entitled commits a class 6 felony and shall be punished as provided in21

section 18-1.3-401, C.R.S.22

24-33.5-1104. [Formerly 24-32-2504] Temporary housing for23

disaster victims. (1) Whenever the governor has proclaimed a disaster24

emergency under the laws of this state or the president of the United25

States has declared an emergency or a major disaster to exist in this state,26

the governor is authorized:27

1283-68-

(a) To enter into purchase, lease, or other arrangements with any1

agency of the United States for temporary housing units to be occupied2

by disaster victims and to make such units available to any political3

subdivision of the state;4

(b) To assist any political subdivision of the state which is the5

locus of temporary housing for disaster victims to acquire sites necessary6

for such temporary housing and to do all things required to prepare such7

sites to receive and utilize temporary housing units by:8

(I) Advancing or lending funds available to the governor from any9

appropriation made by the general assembly or from any other source;10

(II) Passing through funds made available by any agency, public11

or private; or12

(III) Becoming a copartner with the political subdivision for the13

execution and performance of any temporary housing project for disaster14

victims; and15

(c) Under such regulations RULES as the governor shall prescribe,16

to temporarily suspend or modify for not to exceed sixty days any public17

health, safety, zoning, transportation within or across the state, or other18

requirement of law or regulation within this state when by proclamation19

the governor deems such suspension or modification essential to provide20

temporary housing for disaster victims.21

(2) Any political subdivision of the state is expressly authorized22

to acquire, temporarily or permanently, by purchase, lease, or otherwise,23

sites required for installation of temporary housing units for disaster24

victims and to enter into whatever arrangements, including purchase of25

temporary housing units and payment of transportation charges, which are26

necessary to prepare or equip such sites to utilize the housing units.27

1283-69-

24-33.5-1105. [Formerly 24-32-2505] Debris removal.1

(1) Whenever the governor has declared a disaster emergency to exist2

under the laws of this state or the president of the United States, at the3

request of the governor, has declared a major disaster or emergency to4

exist in this state, the governor is authorized:5

(a) Notwithstanding any other provision of the law, through the6

use of state departments or agencies or the use of any of the state's7

instrumentalities, to clear or remove from publicly or privately owned8

land or water debris and wreckage which may threaten public health or9

safety or public or private property; and10

(b) To accept funds from the federal government and to utilize11

such funds to make grants to any local government for the purpose of12

removing debris or wreckage from publicly or privately owned land or13

water.14

(2) Authority under this part 25 PART 11 shall not be exercised15

unless the affected local government, corporation, organization, or16

individual first presents an unconditional authorization for removal of17

such debris or wreckage from public or private property and, in the case18

of removal of debris or wreckage from private property, first agrees to19

indemnify the state government against any claim arising from such20

removal.21

(3) Whenever the governor provides for clearance of debris or22

wreckage pursuant to subsections (1) and (2) of this section, employees23

of the designated state agencies or individuals appointed by the state are24

authorized to enter upon private land or water and perform any tasks25

necessary to removal or clearance operations.26

24-33.5-1106. [Formerly 24-32-2506] Grants to individuals.27

1283-70-

(1) Whenever the president of the United States, at the request of the1

governor, has declared a major disaster to exist in this state, the governor2

is authorized, upon the governor's determination that financial assistance3

is essential to meet disaster-related necessary expenses or serious needs4

of individuals or families adversely affected by a major disaster which5

cannot be otherwise adequately met from other means of assistance, to6

accept a grant from the federal government to fund such financial7

assistance, subject to such terms and conditions as may be imposed upon8

the grant.9

(2) Notwithstanding any other provision of law or regulation10

RULE, the governor is authorized to make financial grants to meet11

disaster-related necessary expenses or serious needs of individuals or12

families adversely affected by a major disaster which cannot otherwise13

adequately be met from other means of assistance, which grants shall not14

exceed five thousand dollars in the aggregate to an individual or family15

in any single major disaster declared by the president.16

24-33.5-1107. [Formerly 24-32-2507] Community loans.17

(1) Whenever, at the request of the governor, the president of the United18

States has declared a major disaster to exist in this state, the governor is19

authorized:20

(a) Upon the governor's determination that a local government of21

the state will suffer a substantial loss of tax and other revenues from a22

major disaster and has demonstrated a need for financial assistance to23

perform its governmental functions, to apply to the federal government,24

on behalf of the local government, for a loan and to receive and disburse25

the proceeds of any approved loan to any local government making26

application therefor;27

1283-71-

(b) To determine the amount needed by any local government1

making application therefor to restore or resume its governmental2

functions and to certify the same to the federal government; except that3

no application shall exceed twenty-five percent of the annual operating4

budget of the applicant for the fiscal year in which the major disaster5

occurs; and6

(c) To recommend to the federal government, based upon the7

governor's review, the cancellation of all or any part of repayment when,8

in the first period of three full fiscal years following the major disaster,9

the revenues of the local government are insufficient to meet its operating10

expenses, including additional disaster-related expenses of a municipal11

character.12

24-33.5-1108. [Formerly 24-32-2508] Bar against suits. Except13

in cases of willful misconduct, gross negligence, or bad faith, any state14

employee or agent complying with orders of the governor and performing15

duties pursuant thereto under this part 25 PART 11 shall not be liable for16

death of or injury to persons or damage to property.17

24-33.5-1109. [Formerly 24-32-2509] Interstate compacts. The18

governor is authorized to enter into interstate compacts for prevention of19

disasters and for carrying out the purposes of this part 25 PART 11.20

SECTION 11. In Colorado Revised Statutes, 24-33.5-1201,21

amend (1) and (3) (b); repeal (3) (c) and (3) (d); and add (4) as follows:22

24-33.5-1201. Division of fire prevention and control -23

creation. (1) (a) There is hereby created within the office of24

preparedness, security, and fire safety the DEPARTMENT THE division of25

fire safety PREVENTION AND CONTROL, referred to in this part 12 as the26

"division". The head of the division shall be IS the director of the division27

1283-72-

of fire safety PREVENTION AND CONTROL, referred to in this part 12 as the1

"director". who shall be appointed by The executive director SHALL2

APPOINT THE DIRECTOR pursuant to section 13 of article XII of the state3

constitution. THE EXECUTIVE DIRECTOR SHALL APPOINT ONLY THOSE4

PERSONS MEETING THE QUALIFICATIONS DESCRIBED IN PARAGRAPH (b) OF5

THIS SUBSECTION (1).6

(b) PURSUANT TO THIS PART 12, THE DIRECTOR IS RESPONSIBLE7

FOR THE DELIVERY, MANAGEMENT, AND ADMINISTRATION OF FIRE8

PROTECTION AND LIFE SAFETY-RELATED CODES AND STANDARDS, FIRE9

INVESTIGATIONS, FIRE SAFETY EDUCATION FOR THE PUBLIC, AND FIRE10

PREVENTION SERVICES FOR THE STATE. IN ORDER TO BE ELIGIBLE FOR11

APPOINTMENT AS DIRECTOR, A PERSON MUST BE QUALIFIED IN BOTH12

STRUCTURAL AND WILDLAND FIRE SUPPRESSION, MITIGATION, AND13

PREVENTION, HAVE AT LEAST TEN YEARS OF EXPERIENCE IN AN ORGANIZED14

CAREER FIRE DEPARTMENT, AND MEET, OR WILL MEET WITHIN ONE YEAR15

OF HIRE, THE JOB PERFORMANCE REQUIREMENTS SPECIFIED IN THE16

NATIONAL FIRE PROTECTION ASSOCIATION'S STANDARD 1037 AS THE17

PROFESSIONAL QUALIFICATIONS FOR FIRE MARSHAL.18

(b) (I) WHENEVER THE DIVISION OF FIRE SAFETY IS REFERRED TO19

OR DESIGNATED BY ANY CONTRACT OR OTHER DOCUMENT, THE REFERENCE20

OR DESIGNATION APPLIES TO THE DIVISION OF FIRE PREVENTION AND21

CONTROL.22

(II) (A) WHENEVER ANY LAW REFERS TO THE DIVISION OF FIRE23

SAFETY, THAT LAW SHALL BE CONSTRUED AS REFERRING TO THE DIVISION24

OF FIRE PREVENTION AND CONTROL.25

(B) THE REVISOR OF STATUTES IS AUTHORIZED TO CHANGE ALL26

REFERENCES IN THE COLORADO REVISED STATUTES TO THE DIVISION OF27

1283-73-

FIRE SAFETY FROM SUCH REFERENCE TO THE DIVISION OF FIRE PREVENTION1

AND CONTROL. IN CONNECTION WITH SUCH AUTHORITY, THE REVISOR OF2

STATUTES IS HEREBY AUTHORIZED TO AMEND OR DELETE PROVISIONS OF3

THE COLORADO REVISED STATUTES SO AS TO MAKE THE STATUTES4

CONSISTENT WITH THE POWERS, DUTIES, AND FUNCTIONS TRANSFERRED5

PURSUANT TO THIS ARTICLE.6

(3) (b) On and after January 1, 2010, all positions of employment7

in the public school construction program, concerning the duties specified8

in sections 22-32-124 and 23-71-122 (1) (v), C.R.S., in the division of oil9

and public safety in the department of labor determined by the director of10

the division of fire safety to be necessary to carry out the purposes of the11

public school construction and inspection section shall be transferred to12

the division of fire safety in the department of public safety and shall13

become employment positions therein. The executive director shall14

appoint such employees as are necessary to carry out the duties and15

exercise the powers specified in sections 22-32-124 and 23-71-122 (1)16

(v), C.R.S., and in this part 12. The executive director may delegate17

appointing authority as appropriate.18

(c) On and after January 1, 2010, all employees of the public19

school construction program in the division of oil and public safety in the20

department of labor carrying out the duties specified in sections21

22-32-124 and 23-71-122 (1) (v), C.R.S., shall be considered employees22

of the public school construction and inspection section in the division of23

fire safety in the department of public safety. Such employees shall retain24

all rights under the state personnel system and to retirement benefits25

pursuant to the laws of this state, and their services shall be deemed to26

have been continuous.27

1283-74-

(d) On January 1, 2010, all items of property, real and personal,1

including office furniture and fixtures, books, documents, and records of2

the public school construction program in the division of oil and public3

safety in the department of labor used in carrying out the duties of the4

public school construction program are transferred to the public school5

construction and inspection section in the division of fire safety in the6

department of public safety and shall become the property thereof.7

(4) (a) (I) EFFECTIVE JULY 1, 2012, THE DIVISION OF FIRE8

PREVENTION AND CONTROL SHALL EXECUTE, ADMINISTER, PERFORM, AND9

ENFORCE THE RIGHTS, POWERS, DUTIES, FUNCTIONS, AND OBLIGATIONS10

RELATING TO FIRE AND WILDFIRE PREPAREDNESS, RESPONSE, SUPPRESSION,11

COORDINATION, OR MANAGEMENT VESTED PREVIOUSLY IN THE BOARD OF12

GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM OR THE STATE13

FOREST SERVICE THEREUNDER, AS THOSE RIGHTS, POWERS, DUTIES,14

FUNCTIONS, AND OBLIGATIONS EXISTED ON JUNE 30, 2012.15

(II) THERE IS HEREBY CREATED IN THE DIVISION OF FIRE16

PREVENTION AND CONTROL THE WILDLAND FIRE MANAGEMENT SECTION17

TO IMPLEMENT THE PROVISIONS OF THIS SUBSECTION (4) AND SECTIONS18

24-33.5-1217 TO 24-33.5-1226. THE WILDLAND FIRE MANAGEMENT19

SECTION SHALL PERFORM ITS DUTIES AND FUNCTIONS UNDER THE DIVISION20

OF FIRE PREVENTION AND CONTROL AS IF THE SAME WERE TRANSFERRED21

BY A TYPE 2 TRANSFER, AS SUCH TRANSFER IS DEFINED IN THE22

"ADMINISTRATIVE ORGANIZATION ACT OF 1968", ARTICLE 1 OF THIS23

TITLE.24

(b) (I) ON JULY 1, 2012, ALL POSITIONS OF EMPLOYMENT IN THE25

STATE FOREST SERVICE OF THE BOARD OF GOVERNORS OF THE COLORADO26

STATE UNIVERSITY SYSTEM THAT ARE PRINCIPALLY RELATED TO FIRE AND27

1283-75-

WILDFIRE PREPAREDNESS, RESPONSE, SUPPRESSION, COORDINATION, OR1

MANAGEMENT SHALL BE TRANSFERRED TO THE DIVISION OF FIRE2

PREVENTION AND CONTROL IN THE DEPARTMENT OF PUBLIC SAFETY AND3

SHALL BECOME EMPLOYMENT POSITIONS IN THE WILDLAND FIRE4

MANAGEMENT SECTION THEREIN.5

(II) ON JULY 1, 2012, ALL EMPLOYEES OF THE BOARD OF6

GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM OR THE STATE7

FOREST SERVICE THEREUNDER WHO ARE EMPLOYED IN A CAPACITY8

PRINCIPALLY RELATED TO AND WILDFIRE PREPAREDNESS, RESPONSE,9

SUPPRESSION, COORDINATION, OR MANAGEMENT SHALL BE CONSIDERED10

EMPLOYEES OF THE WILDLAND FIRE MANAGEMENT SECTION IN THE11

DIVISION OF FIRE PREVENTION AND CONTROL IN THE DEPARTMENT OF12

PUBLIC SAFETY. SUCH EMPLOYEES SHALL RETAIN ALL RIGHTS UNDER THE13

STATE PERSONNEL SYSTEM AND TO RETIREMENT BENEFITS PURSUANT TO14

THE LAWS OF THIS STATE, AND THEIR SERVICES SHALL BE DEEMED TO15

HAVE BEEN CONTINUOUS.16

(III) ON JULY 1, 2012, ALL MONEYS PREVIOUSLY RECEIVED OR17

APPROPRIATED TO THE BOARD OF GOVERNORS OF THE COLORADO STATE18

UNIVERSITY SYSTEM RELATING PRINCIPALLY TO FIRE AND WILDFIRE19

PREPAREDNESS, RESPONSE, SUPPRESSION, COORDINATION, AND20

MANAGEMENT, INCLUDING OFFICE FURNITURE AND FIXTURES, BOOKS,21

DOCUMENTS, AND RECORDS OF THE BOARD, ARE TRANSFERRED TO THE22

WILDLAND FIRE MANAGEMENT SECTION IN THE DIVISION OF FIRE23

PREVENTION AND CONTROL AND SHALL BECOME THE PROPERTY THEREOF.24

(IV) ON JULY 1, 2012, ALL ITEMS OF PERSONAL PROPERTY OF THE25

BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM 26

RELATING PRINCIPALLY TO FIRE AND WILDFIRE PREPAREDNESS, RESPONSE,27

1283-76-

SUPPRESSION, COORDINATION, AND MANAGEMENT, INCLUDING OFFICE1

FURNITURE AND FIXTURES, BOOKS, DOCUMENTS, AND RECORDS OF THE2

BOARD, ARE TRANSFERRED TO THE WILDLAND FIRE MANAGEMENT SECTION3

IN THE DIVISION OF FIRE PREVENTION AND CONTROL AND SHALL BECOME4

THE PROPERTY THEREOF.5

(V) ANY AND ALL CLAIMS AND LIABILITIES, INCLUDING COSTS AND6

ATTORNEYS' FEES, RELATING IN ANY WAY TO THE PERFORMANCE OF ANY7

FIRE AND WILDFIRE PREPAREDNESS, RESPONSE, SUPPRESSION,8

COORDINATION, OR MANAGEMENT DUTIES THAT WERE PERFORMED BY THE9

BOARD OR ITS EMPLOYEES ON OR BEFORE JUNE 30, 2012, ARE10

TRANSFERRED TO AND ASSUMED BY THE STATE EXCLUSIVELY THROUGH11

THE DIVISION, AND SUCH CLAIMS OR LIABILITIES, IF ANY, ARE THE SOLE12

RESPONSIBILITY OF THE STATE BY AND THROUGH THE DEPARTMENT OF13

PUBLIC SAFETY, AND NO OTHER PUBLIC ENTITY OR AGENCY, INCLUDING14

THE BOARD AND ITS EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE FOR15

ANY SUCH CLAIMS, LIABILITIES, OR DAMAGES.16


amend (1) and (3.5); and add (1.2) and (3.7) as follows:18

24-33.5-1202. Definitions. As used in this part 12, unless the19

context otherwise requires:20

(1) "Administrator" means the state fire suppression administrator,21

who shall be IS the director of the division of fire safety PREVENTION AND22

CONTROL under the department of public safety, or the designee of such23

director DIRECTOR'S DESIGNEE.24

(1.2) "ADVISORY BOARD" MEANS THE FIRE SERVICE TRAINING AND25

CERTIFICATION ADVISORY BOARD CREATED IN SECTION 24-33.5-1204.26

(3.5) "Fire department" means the duly authorized fire protection27

1283-77-

organization of a town, city, county, or city and county, a fire protection1

district, or a metropolitan district or county improvement district that2

provides fire protection. "EMERGENCY FIRE FUND" MEANS THE3

EMERGENCY FIRE FUND CREATED IN SECTION 24-33.5-1220 THAT WAS4

FIRST ESTABLISHED IN 1967 WITH VOLUNTARY CONTRIBUTIONS FROM5

COUNTIES AND THE DENVER WATER BOARD; ADMINISTERED BY A6

NINE-PERSON COMMITTEE COMPOSED OF COUNTY COMMISSIONERS,7

SHERIFFS, FIRE CHIEFS, AND THE DIRECTOR; AND USED FOR THE PURPOSE8

OF PAYING COSTS INCURRED AS A RESULT OF CONTROLLING A WILDFIRE BY9

ANY OF PARTIES CONTRIBUTING MONEYS TO THE FUND, IN ACCORDANCE10

WITH THE INTERGOVERNMENTAL AGREEMENT FOR PARTICIPATION IN THE11

COLORADO EMERGENCY FIRE FUND.12

(3.7) "FIRE DEPARTMENT" MEANS THE DULY AUTHORIZED FIRE13

PROTECTION ORGANIZATION OF A TOWN, CITY, COUNTY, OR CITY AND14

COUNTY, A FIRE PROTECTION DISTRICT, OR A METROPOLITAN DISTRICT OR15

COUNTY IMPROVEMENT DISTRICT THAT PROVIDES FIRE PROTECTION.16


amend (1) (k) and (1) (m); repeal (1) (o); and add (2) as follows:18

24-33.5-1203. Duties of division. (1) The division shall perform19

the following duties:20

(k) Train and instruct firefighters and first responders in subjects21

relating to the fire service; and to coordinate fire service-related education22

and training classes, programs, conferences, and seminars; and train and23

instruct, or coordinate the training of, hazardous materials responders; but24

EXCEPT THAT all training related to terrorism shall be coordinated with the25

office of preparedness, security, and fire safety DIVISION OF HOMELAND26

SECURITY AND EMERGENCY MANAGEMENT CREATED IN PART 16 OF THIS27

1283-78-

ARTICLE;1

(m) Administer a statewide plan for the allocation and deployment2

of firefighting resources developed pursuant to section 24-33.5-1210 TO3

HELP ENSURE THAT COMMUNITIES AND FIREFIGHTERS HAVE SUFFICIENT4

RESOURCES, TECHNICAL SUPPORT, AND TRAINING TO ADEQUATELY ASSESS5

WILDFIRE RISKS, INCREASE UPGRADES ON FEDERAL EXCESS PROPERTY FIRE6

ENGINES ON LOAN TO LOCAL FIRE DEPARTMENTS; INCREASE TECHNICAL7

ASSISTANCE IN WILDLAND FIRE PREPAREDNESS TO COUNTIES AND FIRE8

PROTECTION DISTRICTS; AND, IN CONJUNCTION WITH THE WILDFIRE9

PREPAREDNESS PLAN CREATED PURSUANT TO SECTION 23-31-309 (3) (a),10

C.R.S., ENSURE THAT STATE FIRE-FIGHTING EQUIPMENT SUCH AS FIRE11

ENGINES AND AIR TANKERS IS FULLY OPERATIONAL AND AVAILABLE TO12

AND COORDINATED WITH THE EQUIPMENT CAPACITIES OF LOCAL FIRE13

DEPARTMENTS AND FIRE PROTECTION DISTRICTS, AND THAT PERSONNEL14

ARE FULLY TRAINED IN ITS USE;15

(o) Seek federal funds to provide the resources necessary to16

perform its duties under paragraphs (m) and (n) of this subsection (1);17

(2) THE DUTIES AND FUNCTIONS OF THE DIVISION SET FORTH IN18

THIS PART 12, INCLUDING DUTIES AND FUNCTIONS PERTAINING TO FIRE19

SERVICE EDUCATION, TRAINING, AND CERTIFICATION, APPLY TO20

PRESCRIBED FIRES, WILDFIRES, AND WILDLAND FIRE-RELATED ACTIVITIES.21


amend (1) and (2) as follows:23

24-33.5-1204. Voluntary education and training program -24

voluntary certification of firefighters, first responders, and25

hazardous materials responders - advisory board. (1) For the26

purposes of advising the director on the administration of the voluntary27

1283-79-

fire service education and training program within the division of fire1

safety PREVENTION AND CONTROL and the voluntary firefighter, first2

responder, and hazardous materials responder certification programs,3

there is hereby created in the division of fire safety an advisory board to4

the director, to be known as PREVENTION AND CONTROL the fire service5

training and certification advisory board, and referred to in this part 12 as6

the "advisory board", TO SERVE AS AN ADVISORY BOARD TO THE7

DIRECTOR.8

(2) (a) The advisory board shall consist CONSISTS of twelve9

FOURTEEN members, nine ELEVEN of whom shall be ARE VOTING10

MEMBERS appointed by the governor AS FOLLOWS:11

(I) Four of the nine ELEVEN members appointed by the governor12

shall represent each of the following organizations:13

(I) (A) Colorado state fire fighters association;14

(II) (B) Colorado state fire chiefs association;15

(III) (C) Colorado fire training officers association; and16

(IV) (D) Colorado professional fire fighters association;17

(b) (II) Of the remaining eight members of the advisory board, The18

following five OTHER SEVEN members shall be appointed by the governor19

ARE:20

(I) (A) A fire chief or training officer from a volunteer fire21

department participating in the certification program;22

(II) (B) A fire chief or training officer from a career fire23

department participating in the certification program;24

(III) (C) A representative of the property and casualty insurance25

industry;26

(IV) (D) A hazardous materials responder team leader; and27

1283-80-

(V) (E) A person experienced in the transportation industry;1

(F) A REPRESENTATIVE OF LOCAL LAW ENFORCEMENT; AND2

(G) A REPRESENTATIVE OF A FIXED FACILITY DEALING WITH3

HAZARDOUS MATERIALS.4

(c) (b) The remaining three EX OFFICIO nonvoting members shall5

be ARE the FOLLOWING PERSONS OR THEIR DESIGNEES:6

(I) THE president of the Colorado community college and7

occupational education system;8

(II) The chief of the emergency medical and trauma services9

section within the health facilities and emergency medical services10

division in the department of public health and environment; and11

(III) The chief of the state patrol. or their respective designees.12

(d) (c) The ELEVEN advisory board members appointed by the13

governor shall be geographically apportioned, and AT LEAST ONE OF14

THOSE MEMBERS MUST HAVE WILDLAND FIRE EXPERTISE.15

(d) At least three members of such THE ADVISORY board shall be16

from a community or communities with a resident population of fifteen17

thousand persons or less.18

(e) The governor shall initially appoint five SIX members19

described in paragraphs PARAGRAPH (a) and (b) of this subsection (2) for20

terms of four years each and the remaining four FIVE members for terms21

of two years each. Thereafter, the governor shall appoint their successors22

for terms of four years each. If any appointee vacates his or her office23

during the term for which appointed to the advisory board, the vacancy24

shall be filled by appointment by the governor SHALL, BY APPOINTMENT,25

FILL THE VACANCY for the unexpired term. The advisory board shall26

annually elect from its members a chairperson and a secretary.27

1283-81-


amend (2) as follows:2

24-33.5-1209. Repeal of sections. (2) Sections 24-33.5-1204.5,3

24-33.5-1206.1, 24-33.5-1206.2, 24-33.5-1206.3, 24-33.5-1206.4,4

24-33.5-1206.5, 24-33.5-1206.6, and 24-33.5-1207.6, concerning5

programs for fire suppression administered by the division of fire safety6

PREVENTION AND CONTROL and scheduled for termination in accordance7

with section 24-34-104, are repealed, effective July 1, 2014.8

SECTION 16. In Colorado Revised Statutes, add with relocated9

provisions 24-33.5-1217, 24-33.5-1218, 24-33.5-1219, 24-33.5-1220,10

24-33.5-1221, 24-33.5-1222, 24-33.5-1223, 24-33.5-1224, 24-33.5-1225,11

and 24-33.5-1226 as follows:12

24-33.5-1217. [Formerly 23-31-313 (6) (a) (III)] Duties relating13

to forest fires and wildfires - prescribed burning and natural ignition14

fires - rules - definitions. (1) THE DIRECTOR SHALL establish training15

and certification standards for users of prescribed fire in consultation with16

the Colorado prescribed fire council or an analogous successor17

organization. The forest service DIRECTOR may also consult with local fire18

jurisdictions. Nothing in this subparagraph (III) requires a user of19

prescribed fire to be certified.20

(2) The standards ADOPTED UNDER THIS SECTION shall:21

(A) (a) Create certified burner and noncertified burner22

designations for users of prescribed fire on private and nonfederal land;23

(B) (b) Establish requirements for certified burners to conduct24

lawful activities pursuant to authorization under section 18-13-109 (2) (b)25

(IV), C.R.S., regarding firing of woods or prairie;26

(C) (c) Identify processes and procedures for certified burners to27

1283-82-

conduct a prescribed fire;1

(D) (d) Recommend organizational structures for prescribed burn2

operations;3

(E) (e) Establish training standards for certified burners; and4

(F) (f) Clearly identify preexisting fees, permit requirements,5

liabilities, liability exemptions, and penalties for prescribed burn6

personnel and landowners, including those specified in sections 25-7-1067

(7) and (8) and 25-7-123, C.R.S.8

(3) NOTHING IN THIS SECTION REQUIRES A USER OF PRESCRIBED9

FIRE TO BE CERTIFIED BY THE DIVISION.10

(4) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE11

REQUIRES:12

(a) "CONTROLLED AGRICULTURAL BURN" MEANS A TECHNIQUE13

USED IN FARMING TO CLEAR THE LAND OF ANY EXISTING CROP RESIDUE,14

KILL WEEDS AND WEED SEEDS, OR REDUCE FUEL BUILDUP AND DECREASE15

THE LIKELIHOOD OF A FUTURE FIRE.16

(b) "NATURAL IGNITION FIRES" MEAN WILDLAND FIRES THAT ARE17

IGNITED BY LIGHTNING OR SOME OTHER NATURAL SOURCE.18

(c) "PRESCRIBED BURNING" MEANS THE APPLICATION OF FIRE, IN19

ACCORDANCE WITH A WRITTEN PRESCRIPTION FOR VEGETATIVE FUELS,20

UNDER SPECIFIED ENVIRONMENTAL CONDITIONS WHILE FOLLOWING21

APPROPRIATE PRECAUTIONARY MEASURES THAT ENSURES PUBLIC SAFETY22

AND THAT THE FIRE IS CONFINED TO A PREDETERMINED AREA TO23

ACCOMPLISH PLANNED FIRE OR LAND MANAGEMENT OBJECTIVES. THE24

TERM EXCLUDES CONTROLLED AGRICULTURAL BURNS.25

24-33.5-1218 [Formerly 23-31-203] Cooperation with26

governmental units. In connection with its powers and duties concerning27

1283-83-

the protection of the forest lands of the state from fire, the board DIVISION1

may cooperate and coordinate with the United States forest service, the2

United States secretary of the interior, the United States secretary of3

agriculture, the state board of land commissioners, and the counties for4

such protection and may advise and aid in preventing forest fires on state5

and private lands in the national forests in the state, including6

coordinating with the United States secretary of the interior and the7

United States secretary of agriculture to develop management plans for8

federal lands within the state of Colorado pursuant to 16 U.S.C. sec. 530,9

16 U.S.C. sec. 1604, and 43 U.S.C. sec. 1712; but nothing contained in10

this section shall be construed as transferring to the board DIVISION the11

duties or responsibilities of the sheriffs of the various counties with12

respect to forest fire control laws.13

24-33.5-1219. [Formerly 23-31-204] Wildland fires - duty of14

sheriff to report. It is the duty of the sheriffs of the various counties of15

the state to report as soon as practicable the occurrence of any fire in any16

forest in the state, either on private or public lands, to the board DIVISION17

or its authorized agent, and, upon receiving notice from any source of a18

fire in any forest, it is the duty of the agent of the board to aid and assist19

in controlling or extinguishing the same, if necessary.20

24-33.5-1220. [Formerly 23-31-303 (1)] Funds available -21

emergency fire fund - wildland fire equipment repair fund - wildland22

fire cost recovery fund - creation - gifts, grants and donations23

authorized. (1) The governor's emergency fund or other funds available24

to the Colorado state forest service, may be used for the purpose of25

preventing and suppressing forest and wildland fires, in accordance with26

the provisions of part 21 of article 32 of title 24, C.R.S. PART 7 OF THIS27

1283-84-

ARTICLE.1

(2) (a) THERE IS HEREBY CREATED IN THE STATE TREASURY THE2

EMERGENCY FIRE FUND, WHICH FUND SHALL BE ADMINISTERED BY THE3

DIVISION, IN ACCORDANCE WITH PARAGRAPH (b) OF THIS SUBSECTION (2),4

TO FUND EMERGENCY RESPONSES TO WILDFIRES. THE DIVISION IS5

AUTHORIZED TO SEEK AND ACCEPT GIFTS, GRANTS, REIMBURSEMENTS, OR6

DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF THIS7

SECTION. THE FUND CONSISTS OF ALL MONEYS THAT MAY BE8

APPROPRIATED THERETO BY THE GENERAL ASSEMBLY AND ALL PRIVATE9

AND PUBLIC FUNDS, INCLUDING FROM COUNTIES AND THE DENVER WATER10

BOARD, RECEIVED THROUGH GIFTS, GRANTS, REIMBURSEMENTS, OR11

DONATIONS THAT ARE TRANSMITTED TO THE STATE TREASURER AND12

CREDITED TO THE FUND. ALL INTEREST EARNED FROM THE INVESTMENT OF13

MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND. THE MONEYS IN14

THE FUND ARE HEREBY CONTINUOUSLY APPROPRIATED FOR THE PURPOSES15

INDICATED IN THIS SECTION. ANY MONEYS NOT EXPENDED AT THE END OF16

THE FISCAL YEAR SHALL REMAIN IN THE FUND AND SHALL NOT BE17

TRANSFERRED TO OR REVERT TO THE GENERAL FUND.18

(b) THE DIVISION SHALL USE THE MONEYS IN THE EMERGENCY FIRE19

FUND TO PROVIDE FUNDING OR REIMBURSEMENT FOR WILDFIRES IN20

ACCORDANCE WITH MEMORANDA OF UNDERSTANDING WITH21

PARTICIPATING PUBLIC ENTITIES.22

(3) THERE IS HEREBY CREATED IN THE STATE TREASURY THE23

WILDLAND FIRE EQUIPMENT REPAIR CASH FUND, WHICH FUND SHALL BE24

ADMINISTERED BY THE DIVISION TO FUND THE COSTS OF FIRE EQUIPMENT25

MAINTENANCE AND REPAIR. THE DIVISION IS AUTHORIZED TO SEEK AND26

ACCEPT GIFTS, GRANTS, REIMBURSEMENTS, OR DONATIONS FROM PRIVATE27

1283-85-

OR PUBLIC SOURCES FOR THE PURPOSES OF THIS SECTION. THE FUND1

CONSISTS OF ALL MONEYS THAT MAY BE APPROPRIATED THERETO BY THE2

GENERAL ASSEMBLY AND ALL PRIVATE AND PUBLIC FUNDS, INCLUDING3

FROM COUNTIES AND THE DENVER WATER BOARD, RECEIVED THROUGH4

GIFTS, GRANTS, REIMBURSEMENTS, OR DONATIONS THAT ARE5

TRANSMITTED TO THE STATE TREASURER AND CREDITED TO THE FUND.6

ALL INTEREST EARNED FROM THE INVESTMENT OF MONEYS IN THE FUND7

SHALL BE CREDITED TO THE FUND. THE MONEYS IN THE FUND ARE HEREBY8

CONTINUOUSLY APPROPRIATED FOR THE PURPOSES SET FORTH IN THIS9

SECTION. ANY MONEYS NOT EXPENDED AT THE END OF THE FISCAL YEAR10

SHALL REMAIN IN THE FUND AND SHALL NOT BE TRANSFERRED TO OR11

REVERT TO THE GENERAL FUND.12

(4) THERE IS HEREBY CREATED IN THE STATE TREASURY THE13

WILDLAND FIRE COST RECOVERY FUND, WHICH FUND SHALL BE14

ADMINISTERED BY THE DIVISION FOR PERSONNEL AND OPERATING15

EXPENSES ASSOCIATED WITH FIRE SUPPRESSION ACTIVITIES. THE DIVISION16

IS AUTHORIZED TO SEEK AND ACCEPT GIFTS, GRANTS, REIMBURSEMENTS,17

OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF18

THIS SECTION. THE FUND CONSISTS OF ALL MONEYS RECOVERED FOR THE19

DIVISION'S EXPENDITURES FOR FIRE SUPPRESSION MONEYS THAT MAY BE20

APPROPRIATED THERETO BY THE GENERAL ASSEMBLY AND ALL PRIVATE21

AND PUBLIC FUNDS, INCLUDING FROM COUNTIES AND THE DENVER WATER22

BOARD, RECEIVED THROUGH GIFTS, GRANTS, REIMBURSEMENTS, OR23

DONATIONS THAT ARE TRANSMITTED TO THE STATE TREASURER AND24

CREDITED TO THE FUND. ALL INTEREST EARNED FROM THE INVESTMENT OF25

MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND. THE MONEYS IN26

THE FUND ARE HEREBY CONTINUOUSLY APPROPRIATED FOR THE PURPOSES27

1283-86-

SET FORTH IN THIS SECTION. ANY MONEYS NOT EXPENDED AT THE END OF1

THE FISCAL YEAR SHALL REMAIN IN THE FUND AND SHALL NOT BE2

TRANSFERRED TO OR REVERT TO THE GENERAL FUND.3

(5) NOTWITHSTANDING ANY PROVISION OF LAW TO THE4

CONTRARY, THE FUNDS ESTABLISHED UNDER SUBSECTIONS (2), (3), AND5

(4) OF THIS SECTION ARE EXEMPT FROM THE LIMITATIONS SET FORTH IN6

SECTION 24-72-402.7

24-33.5-1221. [Formerly 23-31-304] State responsibility8

determined. The state forester DIRECTOR shall determine, in consultation9

with local authorities and with the approval of the governor, geographic10

areas of the state, including wildland-urban interface areas, in which the11

state has a financial responsibility for managing forest and wildland fires.12

The management of fires in all other areas is primarily the responsibility13

of local or federal agencies, as the case may be. The state forester14

DIRECTOR may exclude all lands owned or controlled by the federal15

government or any agency thereof, and the state forester DIRECTOR shall16

exclude all lands within the exterior boundaries of incorporated cities or17

towns.18

24-33.5-1222. [Formerly 23-31-305] Cooperation by counties.19

The boards of county commissioners may, in their discretion, cooperate20

and coordinate with the governing bodies of organized fire districts, fire21

departments, and municipal corporations; with private parties; with other22

counties; with the state forester DIRECTOR; with the United States23

secretary of the interior; with the United States secretary of agriculture;24

and with an agency of the United States government in the management25

and prevention of forest fires. Such boards of county commissioners are26

authorized to participate in the organization and training of rural27

1283-87-

fire-fighting groups, in the payment for the operation and maintenance of1

fire-fighting equipment, and in sharing the cost of managing fires.2

24-33.5-1223. [Formerly 23-31-306] Sheriffs to enforce. The3

county sheriff, assisted by the state forester DIRECTOR, shall enforce the4

provisions of this part 3 SECTIONS 24-33.5-1217 TO 24-33.5-1228 and of5

all state forest fire laws, and such persons shall not be liable to civil6

action for trespass committed in the discharge of their duties.7

24-33.5-1224. [Formerly 23-31-307] Limitation of state8

responsibility. Nothing in this part 3 shall be construed to authorize9

SECTIONS 24-33.5-1217 TO 24-33.5-1228 AUTHORIZES any county fire10

warden, firefighter, or county officer to obligate the state for payment of11

any money.12

24-33.5-1225. [Formerly 23-31-308] Emergencies. When the13

governor finds that conditions of extreme fire hazard exist, he or she may14

by proclamation close such land as he or she may find to be in such15

condition of extreme hazard to the general public and prohibit or limit16

burning thereon to such a degree and in such ways as he or she deems17

necessary to reduce the danger of forest fire. The governor shall declare18

the end of any such emergency only upon a finding that the conditions of19

extreme fire hazard no longer exist.20

24-33.5-1226. [Formerly 23-31-309] Wildfire emergency21

response fund - creation - gifts, grants, and donations authorized -22

wildfire preparedness fund - creation - gifts, grants and donations23

authorized. (1) There is hereby created in the state treasury the wildfire24

emergency response fund, which shall be administered by the Colorado25

state forest service DIVISION. The Colorado state forest service DIVISION26

is authorized to seek and accept gifts, grants, reimbursements, or27

1283-88-

donations from private or public sources for the purposes of this section.1

The fund shall consist CONSISTS of all moneys that may be appropriated2

thereto by the general assembly and all private and public funds received3

through gifts, grants, reimbursements, or donations that are transmitted4

to the state treasurer and credited to the fund. All interest earned from the5

investment of moneys in the fund shall be credited to the fund. The6

moneys in the fund are hereby continuously appropriated for the purposes7

indicated in this section. Any moneys not expended at the end of the8

fiscal year shall remain in the fund and shall not be transferred to or revert9

to the general fund.10

(2) The Colorado state forest service DIVISION shall use the11

moneys in the wildfire emergency response fund to provide funding or12

reimbursement for:13

(a) The first aerial tanker flight or the first hour of a firefighting14

helicopter to a wildfire at the request of any county sheriff, municipal fire15

department, or fire protection district; and16

(b) The employment of wildfire hand crews to fight a wildfire for17

the first two days of a wildfire at the request of any county sheriff,18

municipal fire department, or fire protection district, with a preference for19

the use of wildfire hand crews from the inmate disaster relief program20

created in section 17-24-124, C.R.S.21

(3) (a) To effectively implement the provisions of this section and22

to provide recommendations to the governor related to use of the disaster23

emergency fund pursuant to section 24-32-2106, C.R.S., SECTION24

24-33.5-706, C.R.S., and the wildfire preparedness fund created in25

subsection (4) of this section, the state forester DIRECTOR, a representative26

of the county sheriffs of Colorado, a representative of the Colorado state27

1283-89-

fire chiefs' association, the director of the division OFFICE of emergency1

management CREATED IN PART 7 OF THIS ARTICLE, and the adjutant2

general or his or her designee shall collaborate to develop a wildfire3

preparedness plan designed to address the following:4

(I) The amount of aerial firefighting resources necessary for the5

state of Colorado at times of high and low wildfire risk;6

(II) The availability of appropriate aerial firefighting equipment7

and personnel at times of high fire risk to respond to a wildfire;8

(III) The availability of state wildfire engines and staffing of the9

engines at different levels of wildfire risk;10

(IV) The availability of state inmate wildfire hand crews at11

different levels of wildfire risk; and12

(V) A process for ordering and dispatching aerial firefighting13

equipment and personnel that is consistent with, and supportive of, the14

statewide mobilization plan prepared pursuant to section 24-33.5-1210,15

C.R.S. SECTION 24-33.5-705.4.16

(b) The wildfire preparedness plan recommendations developed17

pursuant to paragraph (a) of this subsection (3) shall be completed no18

later than December 1, 2006, and updated each December 1. thereafter.19

NOTWITHSTANDING SECTION 24-1-136 (11), the state forester DIRECTOR20

shall submit a written report of the wildfire preparedness plan to the21

governor and the members of the general assembly no later than22

December 15, 2006, and by each December 15. thereafter.23

(c) The state forester DIRECTOR, the representative of the county24

sheriffs of Colorado, the representative of the Colorado state fire chiefs'25

association, the director of the division OFFICE of emergency management26

CREATED IN PART 7 OF THIS ARTICLE, and the adjutant general or his or her27

1283-90-

designee shall not receive additional compensation for the collaboration1

required by this subsection (3) for the development of the wildfire2

preparedness plan.3

(4) (a) There is hereby created in the state treasury the wildfire4

preparedness fund. The fund shall consist CONSISTS of all moneys that5

may be appropriated thereto by the general assembly, all private and6

public moneys received through gifts, grants, reimbursements, or7

donations that are transmitted to the state treasurer and credited to the8

fund, and all moneys transferred to the fund pursuant to section9

34-63-102 (5) (a) (I), C.R.S. All interest earned from the investment of10

moneys in the fund shall be credited to the fund. The moneys in the fund11

are hereby continuously appropriated for the purposes indicated in this12

subsection (4). Any moneys not expended at the end of the fiscal year13

shall remain in the fund and shall not be transferred to or revert to the14

general fund.15

(b) By executive order or proclamation, the governor may access16

and designate moneys in the wildfire preparedness fund for wildfire17

preparedness activities. The Colorado state forest service DIVISION shall18

implement the directives set forth in such executive order or19

proclamation.20

(c) The Colorado state forest service DIVISION may use the moneys21

in the wildfire preparedness fund to provide funding or reimbursement for22

the purchase of fire shelters by volunteer fire departments in order to23

comply with applicable federal requirements.24

(5) No later than January 1, 2008, the state forester shall submit25

a report to the joint budget committee of the general assembly, the26

agriculture, livestock, and natural resources committee of the house of27

1283-91-

representatives, and the agriculture, natural resources, and energy1

committee of the senate, or any successor committees, on the use of2

moneys in the wildfire preparedness fund, the status of the wildfire3

preparedness plan, and the status of the interstate compact.4

(6) (5) Procedures governing the development, adoption, or5

implementation of community wildfire protection plans by county6

governments are specified in section 30-15-401.7, C.R.S. Nothing in this7

section shall be construed to affect the provisions of section 30-15-401.7,8

C.R.S.9

SECTION 17. In Colorado Revised Statutes, recreate and10

reenact, with relocated provisions, part 15 of article 33.5 of title 24 as11

follows:12

PART 1513

COLORADO EMERGENCY PLANNING COMMISSION14

24-33.5-1501. [Formerly 24-32-2601] Implementation of Title15

III of superfund act. (1) The general assembly hereby finds and declares16

that the implementation of the federal "Emergency Planning and17

Community Right-to-Know Act of 1986", 42 U.S.C. sec. 11001 et seq.,18

Title III of the federal "Superfund Amendments and Reauthorization Act19

of 1986", Pub.L. 99-499, is a matter of statewide concern.20

(2) The department of local affairs PUBLIC SAFETY is the state21

agency responsible for the implementation of the federal "Emergency22

Planning and Community Right-to-Know Act of 1986", 42 U.S.C. sec.23

11001 et seq., Title III of the federal "Superfund Amendments and24

Reauthorization Act of 1986", Pub.L. 99-499, and regulations thereunder,25

as amended.26

24-33.5-1502. [Formerly 24-32-2602] Definitions. All terms used27

1283-92-

in this part 26 shall PART 15 have the same meaning as defined under the1

federal "Emergency Planning and Community Right-to-Know Act of2

1986", 42 U.S.C. sec. 11001 et seq., Pub.L. 99-499, and regulations3

thereunder, referred to in this part 26 PART 15 as the "federal act".4

24-33.5-1503. [Formerly 24-32-2603] Colorado emergency5

planning commission - creation - duties. (1) (a) (I) There is hereby6

created in the department of local affairs PUBLIC SAFETY the Colorado7

emergency planning commission, which shall exercise its powers and8

perform its duties and functions under the department of local affairs as9

if the same were transferred to the department by a type 2 transfer. except10

that the commission shall have full authority to promulgate rules and11

regulations related to the administration of this part 26.12

(II) (A) The commission shall consist CONSISTS of twelve13

members.14

(B) Five of the twelve members shall be the following15

representatives of state government or their designees: The director of the16

division of fire safety in the office of preparedness, security, and fire17

safety PREVENTION AND CONTROL in the department of public safety, the18

director of the division of local government in the department of local19

affairs, the director of the division of HOMELAND SECURITY AND20

emergency management in the department of local affairs PUBLIC SAFETY,21

who shall be a cochairperson, the director of the division in the22

department of public health and environment responsible for hazardous23

materials and waste management, who shall also be a cochairperson, and24

a representative of the Colorado state patrol in the department of public25

safety.26

(C) The remaining seven members of the commission shall be27

1283-93-

appointed by the governor for two-year terms. Of those seven members,1

two shall represent local governments, two shall be from either public2

interest groups or community groups, one shall represent a local3

emergency planning committee, and two shall represent affected4

industries.5

(D) The governor shall fill any vacancy by appointment.6

(b) The members of the Colorado emergency planning7

commission, as such existed prior to March 12, 1992, shall become ON8

JUNE 30, 2012, ARE the initial members of the commission on March 12,9

1992 JULY 1, 2012. THE TERMS OF SUCH INITIAL MEMBERS OF THE10

COLORADO EMERGENCY PLANNING COMMISSION, AS OF THAT DATE,11

CONTINUE AND EXPIRE ACCORDING TO THE DATES FOR WHICH SUCH12

MEMBERS WERE ORIGINALLY APPOINTED.13

(2) Members of the commission shall receive no compensation or14

per diem for their services on the commission; except that members may15

be reimbursed for travel expenses incurred in connection with activities16

other than attending meetings of the commission.17

(3) The commission shall also assist in the appropriate training of18

personnel to react to emergency response situations.19

24-33.5-1503.5.[Formerly 24-32-2603.5] Powers and duties of20

the commission - intent. (1) It is the intent of the general assembly that21

the commission promulgate rules and regulations pursuant to this part 2622

PART 15 that encourage:23

(a) Consistency between information requested by the commission24

and the purposes of implementation of the federal act; and25

(b) Cost-effective reporting and the consideration of reasonable26

reporting threshold levels and reporting formats.27

1283-94-

(2) Consistent with the powers and duties imposed upon it by the1

federal act, or granted to it in this part 26 PART 15, the commission shall2

have HAS the following powers and duties:3

(a) To adopt all reasonable rules and regulations necessary for the4

administration of this part 26 PART 15. Such rules and regulations shall be5

promulgated in accordance with the applicable provisions of article 4 of6

this title.7

(b) To establish a uniform system for reporting and management8

of information required by the federal act;9

(c) To create and adopt such forms as are necessary for the10

uniform reporting and management of information required by the federal11

act, including: but not limited to, the following:12

(I) A standardized tier II reporting form to replace the tier II form13

which is required under the federal act, and which shall be accepted by14

local emergency planning committees in reporting the information15

contained therein; and16

(II) A standardized facility contingency plan form as an addendum17

to the form required in subparagraph (I) of this paragraph (c), which shall18

be used for the collection of emergency planning information from19

facilities by local emergency planning committees. This form shall20

include space in which local emergency planning committees may require21

additional information of local concern.22

(d) To coordinate its activities with those of the Colorado state23

patrol relating to the transportation of hazardous materials.24

24-33.5-1504. [Formerly 24-32-2604] Local emergency25

planning committees - creation and duties. (1) The commission shall26

designate local emergency planning districts to develop emergency27

1283-95-

response and preparedness capabilities in accordance with the federal act.1

The boundaries of such districts shall be the same as the boundaries of2

either a county, municipality, or a combination thereof.3

(2) Upon the request of the commission, the primary governing4

body having jurisdiction over the local emergency planning district, the5

county commissioners, or the city council, as the case may be, shall6

provide nominations for membership on the local emergency planning7

committee. The commission shall appoint members of a local emergency8

planning committee for each emergency planning district in accordance9

with the federal act. For local emergency planning districts for which no10

nominations have been submitted by the governing body, the commission11

may designate either the county commissioners or city council, as the case12

may be, to serve as the local emergency planning committee.13

(3) Local emergency planning committees shall perform the duties14

described under the federal act.15

24-33.5-1505. [Formerly 24-32-2605] Immunity. (1) No state16

commission or agency or county or municipal agency, including local17

emergency planning committees, citizen corps councils, fire protection18

districts, and volunteer fire, ambulance, or emergency service and rescue19

groups, nor their officers, officials, directors, employees, or volunteers,20

when engaged in emergency planning, service, or response activities21

regarding a hazardous material release, threat of release, or act of22

terrorism, shall be liable for the death of or injury to any person or for the23

loss of or damage to property or the environment resulting from the24

hazardous material release, threat of release, or act of terrorism, except25

for willful and wanton acts or omissions.26

(1.5) No private organization or any of its officers, officials,27

1283-96-

directors, employees, or volunteers, when working under the direction of1

a local emergency planning committee or state or local fire or law2

enforcement agency and when engaged in emergency planning, training,3

or response activities regarding a hazardous material release, threat of4

release, or act of terrorism, shall be liable for the death of or injury to any5

person or for the loss of or damage to property or the environment6

resulting from the hazardous material release, threat of release, or act of7

terrorism, except for willful and wanton acts or omissions.8

(1.7) (2) (a) No state commission or agency or county or9

municipal agency, including local emergency planning committees,10

incident management teams, citizen corps councils, citizen emergency11

response teams, medical reserve corps, fire protection districts, and12

volunteer fire, ambulance, or emergency service and rescue groups, nor13

their officers, officials, directors, employees, trainees, or volunteers, when14

engaged in planning, training, or response activities regarding a natural15

disaster, hazardous material release, public health emergency, or act of16

terrorism or the threat of any such disaster, release, emergency, or act,17

shall be liable for the death of or injury to any person or for the loss of or18

damage to property or the environment except for gross negligence or19

willful and wanton acts or omissions.20

(b) Notwithstanding paragraph (a) of this subsection (1.7)21

SUBSECTION (2), a plaintiff may sue and recover civil damages from a22

person or entity specified in said paragraph (a) based upon a negligent act23

or omission involving the operation of a motor vehicle; except that the24

amount recovered from such person or entity shall not exceed the limits25

of applicable insurance coverage maintained by or on behalf of such26

person or entity with respect to the negligent operation of a motor vehicle27

1283-97-

in such circumstances. However, nothing in this section shall be1

construed to limit the right of a plaintiff to recover from a policy of2

uninsured or underinsured motorist coverage available to the plaintiff as3

a result of a motor vehicle accident.4

(c) The general assembly intends that the provisions of this5

subsection (1.7) SUBSECTION (2) and of the "Colorado Governmental6

Immunity Act", article 10 of this title, be read together and harmonized.7

If any provision of this subsection (1.7) SUBSECTION (2) is construed to8

conflict with a provision of the "Colorado Governmental Immunity Act",9

the provision that grants the greatest immunity shall prevail.10

(2) (3) No member of the commission or any local emergency11

planning committee shall be liable for the death of or any injury to12

persons or loss or damage to property or the environment or any civil13

damages resulting from any act or omission arising out of the14

performance of the functions, duties, and responsibilities of the15

commission or local emergency planning committee, except for acts or16

omissions which constitute willful misconduct.17

(3) (4) Nothing in this section shall be construed to abrogate or18

limit ABROGATES OR LIMITS the immunity or exemption from civil liability19

of any agency, entity, or person under any statute, including the20

"Colorado Governmental Immunity Act", article 10 of this title, or section21

13-21-108.5, C.R.S.22

24-33.5-1506. [Formerly 24-32-2606] SARA Title III fund -23

creation - acceptance of gifts, grants, and donations. (1) There is24

hereby created in the state treasury a fund to be known as the SARA Title25

III fund, ALSO REFERRED TO IN THIS PART 15 AS THE "FUND", which shall26

be administered by the commission. The moneys in the fund shall be ARE27

1283-98-

subject to annual appropriation by the general assembly for the purposes1

of this part 26 PART 15, including but not limited to, the disbursement of2

grants pursuant to section 24-32-2607 SECTION 24-33.5-1507.3

(2) The commission is hereby authorized to accept all moneys4

received from the federal government and from public or private grants,5

gifts, bequests, donations, and other contributions for any purpose6

consistent with the provisions of this part 26 PART 15. Such moneys shall7

be credited to the SARA Title III fund created by subsection (1) of this8

section.9

(3) In accordance with section 24-36-114, all interest derived from10

the deposit and investment of this fund shall be credited to the general11

fund.12

24-33.5-1507. [Formerly 24-32-2607] Application for grants -13

disbursements from fund - regulations. (1) The department of local14

affairs PUBLIC SAFETY shall administer all grants from the fund. The15

department of local affairs shall accept applications from local emergency16

planning committees and from first responder organizations who have17

coordinated their request with their local emergency planning committee18

and shall direct those applications to the commission. The commission19

shall evaluate the applications and shall recommend to the department of20

local affairs PUBLIC SAFETY which grants should be made for the purposes21

of emergency planning and emergency response, including but not limited22

to, training and planning programs and training and planning equipment23

as needed to carry out the purposes of this part 26 PART 15.24

(2) The commission shall promulgate rules and regulations25

prescribing the procedures to be followed in the making, filing, and26

evaluation of grant applications, and any other regulations necessary for27

1283-99-

administering the SARA Title III fund.1


amend (1) (e); and add (1) (f) and (1) (g) as follows:3

24-33.5-1601. Legislative declaration. (1) The general assembly4

hereby finds and declares that:5

(e) An agency should be established in the state government to6

coordinate Colorado's response to the threat of terrorism IN 2005,7

HURRICANE KATRINA EMPHASIZED AND REINFORCED THE IMPORTANCE OF8

ROBUST EMERGENCY MANAGEMENT SYSTEMS AND THE NEED FOR AN9

ALL-HAZARDS APPROACH TO HOMELAND SECURITY, INCREASED10

AUTONOMY, AND RESPONSIBILITY FOR EMERGENCY MANAGEMENT;11

(f) COORDINATION ACROSS DISCIPLINES, AMONG LEVELS OF12

GOVERNMENT, AND WITH PRIVATE AND NONGOVERNMENTAL SECTORS IS13

THE BEST WAY TO ENSURE THAT GOVERNMENT CAN DELIVER, TO THE BEST14

OF ITS COLLECTIVE ABILITY, THE MOST EFFECTIVE AND EFFICIENT15

SERVICES REGARDLESS OF THE CAUSE OF ANY DISASTER;16

(g) A STATE AGENCY SHOULD BE ESTABLISHED TO COORDINATE17

COLORADO'S RESPONSE TO THE THREAT OF TERRORISM AND OTHER18

THREATS; FACILITATE TRIBAL, STATE, LOCAL, AND REGIONAL HOMELAND19

SECURITY ACTIVITIES; DIRECT HOMELAND SECURITY-RELATED FEDERAL20

FUNDING TO LOCAL GOVERNMENTS; AND SHARE HOMELAND SECURITY21

INFORMATION AMONG ENTITIES PARTICIPATING IN HOMELAND SECURITY22

ACTIVITIES.23


amend (4), (5), and (6); and add (7), (8), (9), (10), and (11) as follows:25

24-33.5-1602. Definitions. As used in this part 16, unless the26


1283-100-

(4) "Destructive device" has the same meaning set forth in 181

U.S.C. sec. 921 (a) (4). "CRITICAL INFRASTRUCTURE" MEANS THOSE2

SYSTEMS AND ASSETS, WHETHER PHYSICAL OR VIRTUAL, THAT ARE VITAL3

TO THE STATE OF COLORADO SO THAT THE INCAPACITY OR DESTRUCTION4

OF SUCH SYSTEMS AND ASSETS WOULD HAVE A DEBILITATING IMPACT ON5

PUBLIC SAFETY, PUBLIC HEALTH, OR ECONOMIC SECURITY.6

(5) "Radioactive material" means a material that produces7

radiation at a level that is dangerous to human health or life.8

"DESTRUCTIVE DEVICE" HAS THE SAME MEANING SET FORTH IN 18 U.S.C.9

SEC. 921 (a) (4).10

(6) "Toxin" has the same meaning set forth in 18 U.S.C. secs. 17811

(2) and 175 (b) "DIRECTOR" MEANS THE DIRECTOR OF THE DIVISION.12

(7) "DIVISION" MEANS THE DIVISION OF HOMELAND SECURITY AND13

EMERGENCY MANAGEMENT CREATED IN SECTION 24-33.5-1603.14

(8) "FUSION CENTER" MEANS THE PROGRAM ADMINISTERED BY THE15

OFFICE OF PREVENTION AND SECURITY, CREATED IN SECTION16

24-33.5-1606, THAT SERVES AS THE PRIMARY FOCAL POINT WITHIN THE17

STATE FOR RECEIVING, ANALYZING, GATHERING, AND SHARING18

THREAT-RELATED INFORMATION AMONG FEDERAL, STATE, LOCAL, TRIBAL,19

NONGOVERNMENTAL, AND PRIVATE SECTOR PARTNERS.20

(9) "HOMELAND SECURITY ADVISOR" MEANS A PERSON APPOINTED21

BY THE GOVERNOR TO SERVE AS COUNSEL TO THE GOVERNOR ON22

HOMELAND SECURITY ISSUES AND WHO MAY ALSO SERVE AS A LIAISON23

BETWEEN THE GOVERNOR'S OFFICE, THE DEPARTMENT OF HOMELAND24

SECURITY, AND OTHER HOMELAND SECURITY AND RELATED25

ORGANIZATIONS BOTH INSIDE AND OUTSIDE OF THE STATE.26

(10) "RADIOACTIVE MATERIAL" MEANS A MATERIAL THAT27

1283-101-

PRODUCES RADIATION AT A LEVEL THAT IS DANGEROUS TO HUMAN HEALTH1

OR LIFE.2

(11) "TOXIN" HAS THE SAME MEANING SET FORTH IN 18 U.S.C.3

SECS. 178 (2) AND 175 (b).4

SECTION 20. In Colorado Revised Statutes, amend5

24-33.5-1603 as follows:6

24-33.5-1603. Division of homeland security and emergency7

management - creation - director. (1) There is hereby created within8

the department an office of preparedness, security, and fire safety THE9

DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT, the10

head of which shall be IS the director of the office of preparedness,11

security, and fire safety, which office is hereby created DIVISION. The12

EXECUTIVE DIRECTOR SHALL APPOINT THE director of the office of13

preparedness, security, and fire safety, referred to in this part 16 as the14

"director", shall be appointed by the executive director pursuant to section15

13 of article XII of the state constitution.16

(2) The office of preparedness, security, and fire safety shall17

include DIVISION INCLUDES the following agencies, which shall exercise18

their powers and perform their duties and functions under the department19

as if the same were transferred thereto by a type 2 transfer:20

(a) The division OFFICE of fire safety, created in section21

24-33.5-1201; and EMERGENCY MANAGEMENT, CREATED IN SECTION22

24-33.5-705;23

(b) The office of anti-terrorism planning and training PREVENTION24

AND SECURITY, created in section 24-33.5-1606; AND25

(c) THE OFFICE OF PREPAREDNESS, CREATED IN SECTION26

24-33.5-1606.5.27

1283-102-


amend (1) introductory portion, (1) (b), (2) (a) introductory portion, (2)2

(b), (3), and (4); and add (5) as follows:3

24-33.5-1604. Duties and powers of the division. (1) The office4

of preparedness, security, and fire safety shall have DIVISION HAS the5

following duties and powers:6

(b) To cooperate with the federal office UNITED STATES7

DEPARTMENT of homeland security and other agencies of the federal8

government and other states in matters related to terrorism;9

(2) (a) Within twelve months after June 3, 2002, The office of10

preparedness, security, and fire safety DIVISION shall create and11

implement terrorism preparedness plans. Such THE plans shall include the12

following:13

(b) (I) In creating the terrorism preparedness plans, the office of14

preparedness, security, and fire safety may DIVISION SHALL seek the15

advice and assistance of other federal, state, and local government16

agencies; business, labor, industrial, agricultural, civic, and volunteer17

organizations; and community leaders.18

(II) The terrorism preparedness plans shall constitute specialized19

details of security arrangements for purposes of section 24-72-204 (2) (a)20

(VIII).21

(3) (a) The office of preparedness, security, and fire safety22

DIVISION shall provide advice, assistance, and training to state and local23

government agencies in the development and implementation of terrorism24

preparedness plans and in conducting periodic exercises related to such25

THE plans.26

(b) The office of preparedness, security, and fire safety DIVISION27

1283-103-

shall provide oversight of terrorism preparedness plans developed and1

implemented by state and local government agencies. Such THE oversight2

shall DOES not usurp the authority of state and local government agencies,3

but shall WILL only provide peer review and comment IN ORDER to4

promote standardized methods of operation and to facilitate integration5

with plans adopted by other state and local government agencies6

throughout the state.7

(c) State and local government agencies that develop terrorism8

preparedness plans shall submit copies of current, new, or amended plans9

to the office of preparedness, security, and fire safety DIVISION.10

(4) The office of preparedness, security, and fire safety DIVISION11

may distribute to local government agencies any federal or other funds12

that may become available for distribution.13

(5) THE DIVISION SHALL ALSO:14

(a) BUILD PARTNERSHIPS WITH FIRST RESPONDERS, AGENCIES, AND15

CITIZENS IN THE PUBLIC AND PRIVATE SECTORS;16

(b) COORDINATE ACTIVITIES WITH OTHER STATE AGENCIES AND17

THE ALL-HAZARDS EMERGENCY MANAGEMENT REGIONS CREATED BY18

EXECUTIVE ORDER OF THE GOVERNOR;19

(c) DEVELOP AND UPDATE A STATE STRATEGY FOR HOMELAND20

SECURITY;21

(d) FACILITATE, COORDINATE, AND CONDUCT CAPABILITIES22

ASSESSMENTS AS NECESSARY;23

(e) FACILITATE IMPROVEMENTS IN OVERALL PREPAREDNESS BY24

DEVELOPING COORDINATING MECHANISMS AMONG COLORADO'S25

EMERGENCY MANAGEMENT, HOMELAND SECURITY, PUBLIC SAFETY, AND26

PUBLIC HEALTH AGENCIES IN ORDER TO DELIVER THE CAPABILITIES27

1283-104-

NECESSARY FOR ALL DOMESTIC DISASTERS, WHETHER NATURAL OR1

MAN-MADE, INCLUDING ACTS OF TERROR; AND2

3

(f) COORDINATE PROTECTION ACTIVITIES AMONG OWNERS AND4

OPERATORS OF CRITICAL INFRASTRUCTURE AND OTHER TRIBAL, STATE,5

LOCAL, REGIONAL, AND FEDERAL AGENCIES IN ORDER TO HELP SECURE6

AND PROTECT CRITICAL INFRASTRUCTURE WITHIN THE STATE.7


amend (1) introductory portion, (2), (3), and (4) as follows:9

24-33.5-1605. Director - duties and powers - rules. (1) The10

director of the office of preparedness, security, and fire safety shall11

perform duties in connection with:12

(2) The director of the office of preparedness, security, and fire13

safety may promulgate, such IN ACCORDANCE WITH ARTICLE 4 OF THIS14

TITLE, ANY rules as are necessary to implement sections 24-33.5-1604 (2)15

(a), 24-33.5-1608, and 24-33.5-1609. Such rules shall be promulgated in16

accordance with article 4 of this title.17

(3) The powers vested in the director of the office of18

preparedness, security, and fire safety as specified in part 12 of this article19

and this part 16 shall in no way DO NOT usurp or supersede the powers of20

fire chiefs, sheriffs, chiefs of police, and OR other law enforcement or fire21

protection agencies.22

(4) The director of the office of preparedness, security, and fire23

safety who is required to perform any official function under the24

provisions of this part 16 shall be IS entitled to all protections, defenses,25

and immunities provided by statute to safeguard a peace officer in the26

performance of official acts.27

1283-105-


24-33.5-1606 as follows:2

24-33.5-1606. Office of prevention and security - creation -3

duties. (1) There is hereby created within the office of preparedness,4

security, and fire safety DIVISION an office of anti-terrorism planning and5

training PREVENTION AND SECURITY, the head of which shall be IS the6

manager of anti-terrorism planning and training, which office is hereby7

created THE OFFICE OF PREVENTION AND SECURITY. The manager of8

anti-terrorism planning and training shall be appointed by the executive 9

director SHALL APPOINT THE MANAGER OF THE OFFICE OF PREVENTION AND10

SECURITY pursuant to section 13 of article XII of the state constitution.11

(2) THE DUTIES OF THE OFFICE OF PREVENTION AND SECURITY12

INCLUDE:13

(a) ENHANCING INTERAGENCY COOPERATION THROUGH14

INFORMATION SHARING;15

(b) OPERATING THE STATE'S FUSION CENTER; AND16

(c) DEVELOPING AND MAINTAINING, THROUGH COOPERATION WITH17

OTHER TRIBAL, STATE, LOCAL, REGIONAL, AND FEDERAL AGENCIES, A18

STANDARDIZED CRISIS COMMUNICATION AND INFORMATION-SHARING19

PROCESS.20

SECTION 24. In Colorado Revised Statutes, add with amended21

and relocated provisions 24-33.5-1606.5 as follows:22

24-33.5-1606.5. Office of preparedness - creation - duties -23

posting of notice of NIMS classes - definition. (1) THERE IS HEREBY24

CREATED WITHIN THE DIVISION THE OFFICE OF PREPAREDNESS, THE HEAD25

OF WHICH IS THE MANAGER OF THE OFFICE OF PREPAREDNESS. THE 26

DIRECTOR SHALL APPOINT THE MANAGER OF THE OFFICE OF PREPAREDNESS27

1283-106-

PURSUANT TO SECTION 13 OF ARTICLE XII OF THE STATE CONSTITUTION.1

THE OFFICE OF PREPAREDNESS IS RESPONSIBLE FOR CREATING AND2

IMPLEMENTING A STATE PREPAREDNESS GOAL AND SYSTEM TO IMPROVE3

STATE CAPABILITIES TO PREVENT, MITIGATE THE EFFECTS OF, RESPOND TO,4

AND RECOVER FROM THREATS TO COLORADO.5

(2) THE DUTIES OF THE OFFICE OF PREPAREDNESS INCLUDE:6

(a) IMPROVING COMMUNITY PREPAREDNESS AND CITIZEN7

INVOLVEMENT THROUGH EXTERNAL OUTREACH;8

(b) IDENTIFYING AND REDUCING DUPLICATIVE HOMELAND9

SECURITY-RELATED TRAINING NEEDS AND EFFORTS, COORDINATING10

HOMELAND SECURITY-RELATED TRAINING AMONG TRIBAL, STATE, LOCAL,11

AND REGIONAL AGENCIES, AND CREATING A SINGLE TRAINING AND12

EXERCISE CALENDAR WITH IDENTIFIED POINTS OF CONTACT THAT IS13

ACCESSIBLE VIA THE INTERNET;14

(c) COORDINATING AND UPDATING HOMELAND SECURITY PLANS;15

(d) COORDINATING ALL-HAZARD PUBLIC RISK COMMUNICATION16

PRODUCTS AMONG STATE AGENCIES; AND17

(e) ADMINISTERING FEDERAL HOMELAND SECURITY GRANTS, IN18

ACCORDANCE WITH SUBSECTION (3) OF THIS SECTION, PROVIDING19

TECHNICAL ASSISTANCE TO GRANTEES, AND COORDINATING GRANT20

FUNDING OPPORTUNITIES WITH OTHER STATE AGENCIES.21

(3) (a) UNLESS OTHERWISE AUTHORIZED UNDER THIS ARTICLE22

33.5, THE GRANT PROGRAMS FOR WHICH THE OFFICE OF PREPAREDNESS23

HAS AUTHORITY TO ADMINISTER ARE LIMITED TO:24

(I) THE STATE HOMELAND SECURITY PROGRAM, OR ITS SUCCESSOR25

PROGRAM;26

(II) THE DENVER URBAN AREAS SECURITY INITIATIVE, OR ITS27

1283-107-

SUCCESSOR PROGRAM;1

(III) THE METROPOLITAN MEDICAL RESPONSE SYSTEM, OR ITS2

SUCCESSOR PROGRAM;3

(IV) THE CITIZENS CORP PROGRAM, OR ITS SUCCESSOR PROGRAM;4

(V) THE URBAN AREAS SECURITY INITIATIVE NONPROFIT SECURITY5

GRANT PROGRAM, OR ITS SUCCESSOR PROGRAM;6

(VI) THE BUFFER ZONE PROTECTION PROGRAM, OR ITS SUCCESSOR7

PROGRAM; 8

(VII) THE INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT9

PROGRAM, OR ITS SUCCESSOR PROGRAM;10

(VIII) ANY GRANT PROGRAMS PREVIOUSLY ADMINISTERED BY THE11

FORMER DIVISION OF EMERGENCY MANAGEMENT IN THE DEPARTMENT OF12

LOCAL AFFAIRS, AS OF JUNE 30, 2012; AND13

(IX) ANY OTHER GRANT PROGRAMS AUTHORIZED BY THE14

GOVERNOR, WHICH PROGRAMS SHALL NOT BE INCONSISTENT WITH THE15

DIVISION'S PURPOSES.16

(b) AS USED IN THIS SUBSECTION (3), "SUCCESSOR PROGRAM"17

MEANS A FEDERAL HOMELAND SECURITY GRANT PROGRAM THAT THE18

MANAGER OF THE OFFICE OF PREPAREDNESS REASONABLY DETERMINES IS19

SIMILAR IN PURPOSE AND SCOPE TO ITS PREDECESSOR PROGRAM,20

REGARDLESS OF THE PARTICULAR NAME OF THE SUCCESSOR PROGRAM.21

(4) [Formerly 24-33.5-110] The department OFFICE OF22

PREPAREDNESS shall place on its web site a description of the national23

incident management system, developed by the federal emergency24

management agency and referred to in this section as "NIMS", and a25

listing, with any applicable links, of on-line courses required to become26

NIMS-certified and courses related to NIMS at institutions within the27

1283-108-

state system of community and technical colleges.1


amend (2) (b) as follows:3

24-33.5-1610. Compliance with standards. (2) (b) If adequate4

funding is not available to fund compliance with any such rule by a state5

department or agency, the department or agency shall take appropriate6

measures to provide alternate interim solutions to protect the safety and7

security of persons and property and to ensure the continuity of the8

department or agency's critical functions during a state of emergency.9

Any alternate interim solution shall be approved by the office of10

preparedness, security, and fire safety DIVISION.11


24-33.5-1611 as follows:13

24-33.5-1611. Assistance to state agencies - security14

assessment. (1) Upon request FROM ANY STATE AGENCY, the office of15

preparedness, security, and fire safety DIVISION shall provide advice and16

assistance to any state department or THE agency related to its THE17

AGENCY'S compliance with rules adopted pursuant to sections18

24-33.5-1608 and 24-33.5-1609.19

(2) The office of preparedness, security, and fire safety DIVISION20

shall conduct security assessments as needed to evaluate threats, risks,21

and compliance with security rules at state facilities.22


24-33.5-1612 as follows:24

24-33.5-1612. Cooperation from other state agencies. (1) Upon25

request, other agencies of state government, including but not limited to,26

the department of personnel and the department of local affairs, shall27

1283-109-

provide advice and assistance to the office of preparedness, security, and1

fire safety DIVISION related to rules adopted pursuant to section2

24-33.5-1608 or 24-33.5-1609.3

(2) EXECUTIVE DEPARTMENTS AND AGENCIES OF STATE4

GOVERNMENT SHALL COORDINATE THEIR HOMELAND SECURITY EFFORTS5

THROUGH THE DIVISION AS NECESSARY.6

SECTION 28. In Colorado Revised Statutes, add 24-33.5-16147

as follows:8

24-33.5-1614. Homeland security and all-hazards senior9

advisory committee - creation - composition - duties - repeal. (1) TO10

HELP DEVELOP AND GUIDE THE DIVISION'S EFFORTS AND ADVISE THE11

HOMELAND SECURITY ADVISOR, THERE IS HEREBY CREATED THE12

HOMELAND SECURITY AND ALL-HAZARDS SENIOR ADVISORY COMMITTEE,13

REFERRED TO IN THIS SECTION AS THE "ADVISORY COMMITTEE". THE14

ADVISORY COMMITTEE SHALL ASSIST THE STATE IN BECOMING BETTER15

ABLE TO PREDICT, PREVENT, MITIGATE THE EFFECTS OF, RESPOND TO, AND16

RECOVER FROM THOSE THREATS POSING THE GREATEST RISK TO17

COLORADO.18

(2) (a) THE ADVISORY COMMITTEE CONSISTS OF AT LEAST THE19

DIRECTOR OF THE DIVISION, WHO IS A NONVOTING MEMBER, AND THE20

FOLLOWING TWENTY-ONE VOTING MEMBERS:21

(I) THE EXECUTIVE DIRECTOR, WHO IS THE CHAIR OF THE22

ADVISORY COMMITTEE;23

(II) THE DIRECTOR OF THE DIVISION OF FIRE PREVENTION AND24

CONTROL CREATED IN PART 12 OF THIS ARTICLE, OR HIS OR HER DESIGNEE;25

(III) ONE MEMBER WITH SPECIALIZED KNOWLEDGE IN LOCAL26

GOVERNMENT ASSISTANCE WHO REPRESENTS THE DEPARTMENT OF LOCAL27

1283-110-

AFFAIRS, CREATED IN SECTION 24-1-125, TO BE APPOINTED BY THE1

EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS; 2

(IV) ONE MEMBER WITH SPECIALIZED KNOWLEDGE IN EMERGENCY3

PREPAREDNESS AND RESPONSE WHO REPRESENTS THE DEPARTMENT OF4

PUBLIC HEALTH AND ENVIRONMENT, CREATED IN SECTION 25-1-102,5

C.R.S., TO BE APPOINTED BY THE EXECUTIVE DIRECTOR OF THE6

DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT;7

(V) ONE MEMBER WITH SPECIALIZED KNOWLEDGE IN HOMELAND8

DEFENSE WHO REPRESENTS THE DEPARTMENT OF MILITARY AND VETERANS9

AFFAIRS CREATED IN SECTION 24-1-127 TO BE APPOINTED BY THE10

ADJUTANT GENERAL;11

(VI) ONE MEMBER WITH SPECIALIZED KNOWLEDGE IN EMERGENCY12

COMMUNICATIONS SYSTEMS WHO REPRESENTS THE GOVERNOR'S OFFICE OF13

INFORMATION TECHNOLOGY CREATED IN SECTION 24-37.5-103, TO BE14

APPOINTED BY THE CHIEF INFORMATION OFFICER;15

(VII) THE CHIEF OF THE COLORADO STATE PATROL APPOINTED16

PURSUANT TO SECTION 24-33.5-205, OR HIS OR HER DESIGNEE;17

(VIII) THE FOLLOWING FOURTEEN MEMBERS, TO BE APPOINTED BY18

THE EXECUTIVE DIRECTOR IN CONSULTATION WITH THE ADJUTANT19

GENERAL OF THE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS AND20

THE EXECUTIVE DIRECTORS OF THE DEPARTMENT OF LOCAL AFFAIRS AND21

THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT:22

(A) A REPRESENTATIVE OF COLORADO COUNTIES, INCORPORATED,23

OR ITS SUCCESSOR ENTITY;24

(B) A REPRESENTATIVE OF THE COLORADO EMERGENCY25

MANAGEMENT ASSOCIATION, OR ITS SUCCESSOR ENTITY;26

(C) A REPRESENTATIVE OF PRIVATE INDUSTRY;27

1283-111-

(D) A REPRESENTATIVE OF THE COLORADO MUNICIPAL LEAGUE, OR1

ITS SUCCESSOR ENTITY;2

(E) A REPRESENTATIVE OF THE COUNTY SHERIFFS OF COLORADO,3

INCORPORATED, OR A SUCCESSOR SHERIFFS' ORGANIZATION;4

(F) A REPRESENTATIVE OF THE EMERGENCY MEDICAL SERVICES5

ASSOCIATION OF COLORADO, OR ITS SUCCESSOR ORGANIZATION;6

(G) A REPRESENTATIVE OF THE COLORADO STATE FIRE CHIEFS'7

ASSOCIATION, OR ITS SUCCESSOR ORGANIZATION;8

(H) A REPRESENTATIVE OF THE COLORADO ASSOCIATION OF9

CHIEFS OF POLICE, OR ITS SUCCESSOR ORGANIZATION;10

(I) A REPRESENTATIVE OF TRIBAL GOVERNMENT;11

(J) A REPRESENTATIVE OF COLORADO VOLUNTARY12

ORGANIZATIONS ACTIVE IN DISASTER;13

(K) A REGIONAL STATE HOMELAND SECURITY COORDINATOR,14

REPRESENTING AN ALL-HAZARDS EMERGENCY MANAGEMENT REGION15

ESTABLISHED BY EXECUTIVE ORDER OF THE GOVERNOR;16

(L) A REPRESENTATIVE OF THE SPECIAL DISTRICTS ASSOCIATION17

OF COLORADO, OR ITS SUCCESSOR ORGANIZATION;18

(M) A REPRESENTATIVE FROM THE STATE ALL-HAZARDS ADVISORY19

COMMITTEE FORMED UNDER THE DEPARTMENT, OR ANY SUCCESSOR20

ENTITY; AND21

(N) A REPRESENTATIVE OF THE DENVER URBAN AREA SECURITY22

INITIATIVE, AS RECOGNIZED BY THE UNITED STATES DEPARTMENT OF23

HOMELAND SECURITY.24

(b) ADDITIONAL ADVISORY COMMITTEE MEMBERS MAY BE ADDED25

TO THE ADVISORY COMMITTEE AS NECESSARY UPON:26

(I) APPROVAL BY THE EXECUTIVE DIRECTOR; AND27

1283-112-

(II) A MAJORITY VOTE OF APPROVAL BY THE ADVISORY1

COMMITTEE MEMBERS SERVING PURSUANT TO PARAGRAPH (a) OF THIS2

SUBSECTION (2).3

(c) THE ADVISORY COMMITTEE SHALL SELECT ANNUALLY A4

VICE-CHAIRPERSON AND SECRETARY FROM AMONG ITS MEMBERS.5

(d) (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF6

THIS PARAGRAPH (d), ADVISORY COMMITTEE MEMBER TERMS ARE FOR7

TWO YEARS EACH.8

(II) ONE-HALF OF THE INITIAL MEMBERS OF THE ADVISORY9

COMMITTEE SHALL BE APPOINTED TO ONE-YEAR TERMS, AND THE OTHER10

HALF OF THE INITIAL MEMBERS SHALL BE APPOINTED TO TWO-YEAR TERMS.11

(e) IF A MEMBER OF THE ADVISORY COMMITTEE APPOINTED UNDER12

PARAGRAPH (a) OF THIS SUBSECTION (2) VACATES HIS OR HER OFFICE PRIOR13

TO THE EXPIRATION OF HIS OR HER TERM, THE EXECUTIVE DIRECTOR OR,14

FOR THOSE MEMBERS DESCRIBED UNDER SUBPARAGRAPH (VII) OF15

PARAGRAPH (a) OF THIS SUBSECTION (2), THE APPROPRIATE APPOINTING16

AUTHORITY SHALL FILL THE VACANCY BY APPOINTMENT FOR THE17

UNEXPIRED TERM.18

(f) (I) (A) THE ADVISORY COMMITTEE SHALL MEET AS NECESSARY,19

AS DETERMINED BY THE EXECUTIVE DIRECTOR.20

(B) ADVISORY COMMITTEE MEMBERS MAY ATTEND MEETINGS AND21

VOTE VIA TELECONFERENCE.22

(II) THE ADVISORY COMMITTEE SHALL ESTABLISH BY-LAWS AS23

APPROPRIATE FOR ITS EFFECTIVE OPERATION.24

(III) THE MEMBERS OF THE ADVISORY COMMITTEE SHALL RECEIVE25

NO COMPENSATION.26

(3) THE ADVISORY COMMITTEE SHALL:27

1283-113-

(a) PROVIDE POLICY GUIDANCE TO THE DIVISION;1

(b) ANNUALLY REVIEW THE STATE STRATEGY FOR HOMELAND2

SECURITY DEVELOPED BY THE DIVISION PURSUANT TO SECTION3

24-33.5-1604 (2) (a) (VII) AND MAKE RECOMMENDATIONS ON THE4

STRATEGY'S GOALS, POLICIES, AND PRIORITIES;5

(c) ADVISE THE GOVERNOR, THROUGH HIS OR HER HOMELAND6

SECURITY ADVISOR, REGARDING THE PLANNING AND IMPLEMENTATION OF7

TASKS AND OBJECTIVES TO ACHIEVE GOALS CONTAINED IN THE COLORADO8

HOMELAND SECURITY STRATEGY;9

(d) REVIEW HOMELAND SECURITY GRANT APPLICATIONS AND10

MAKE RECOMMENDATIONS TO THE HOMELAND SECURITY ADVISOR11

REGARDING GRANT DISTRIBUTIONS;12

(e) IDENTIFY OPPORTUNITIES TO CONSOLIDATE EXISTING13

STATE-LEVEL ADVISORY BOARDS, WHILE ENSURING THAT LOCAL AND14

TRIBAL ENTITIES HAVE LATITUDE IN DETERMINING THEIR NEEDS IN15

PROGRAM AREAS; AND16

(f) ESTABLISH SUBCOMMITTEES, AS NECESSARY, THAT FOCUS ON17

SPECIFIC ISSUES OR SUBJECT MATTERS AND MAKE RECOMMENDATIONS TO18

THE FULL ADVISORY COMMITTEE. THE EXECUTIVE DIRECTOR SHALL19

SELECT THE CHAIRPERSONS FOR ANY SUBCOMMITTEES AS WELL AS THE20

ADVISORY COMMITTEE MEMBERS TO SERVE ON THE SUBCOMMITTEES. THE21

CHAIRPERSON OF A SUBCOMMITTEE MAY SELECT NONADVISORY22

COMMITTEE MEMBERS FROM INTERESTED MEMBERS OF THE COMMUNITY23

TO SERVE ON THE SUBCOMMITTEE. EACH SUBCOMMITTEE SHALL MAKE24

FINDINGS AND RECOMMENDATIONS FOR CONSIDERATION BY THE FULL25

ADVISORY COMMITTEE. NONADVISORY COMMITTEE MEMBERS OF A26

SUBCOMMITTEE SERVE WITHOUT COMPENSATION AND WITHOUT27

1283-114-

REIMBURSEMENT FOR EXPENSES.1

(4) (a) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2021.2

(b) PRIOR TO REPEAL, THE DEPARTMENT OF REGULATORY3

AGENCIES SHALL REVIEW THE ADVISORY COMMITTEE IN ACCORDANCE4

WITH SECTION 2-3-1203, C.R.S.5

SECTION 29. In Colorado Revised Statutes, add 24-33.5-16156

as follows:7

24-33.5-1615. Report - repeal. (1) NOTWITHSTANDING SECTION8

24-1-136 (11) (a), ON OR BEFORE FEBRUARY 1, 2013, AND ON OR BEFORE9

EACH FEBRUARY 1 THEREAFTER, THE DEPARTMENT SHALL SUBMIT AN10

ANNUAL REPORT TO THE GENERAL ASSEMBLY DESCRIBING ANY CHANGES,11

ISSUES, PROBLEMS, AND EFFICIENCIES REALIZED AS A RESULT OF THE12

CREATION OF THE DIVISION.13

(2) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2017. 14

SECTION 30. In Colorado Revised Statutes, 2-3-1203, add (3)15

(hh.5) as follows:16

2-3-1203. Sunset review of advisory committees. (3) The17

following dates are the dates for which the statutory authorization for the18

designated advisory committees is scheduled for repeal:19

(hh.5) SEPTEMBER 1, 2021:20

(I) THE HOMELAND SECURITY AND ALL-HAZARDS SENIOR21

ADVISORY COMMITTEE CREATED PURSUANT TO SECTION 24-33.5-1614,22

C.R.S.;23

24


(4) as follows:26

2-3-1502. Definitions. As used in this part 15, unless the context27

1283-115-

otherwise requires:1

(4) "Division" means the division of HOMELAND SECURITY AND2

emergency management in the department of local affairs PUBLIC SAFETY3

created in section 24-32-2105, C.R.S. SECTION 24-33.5-1603, C.R.S.4


(1), (2), (3), (4), (5), and (6) (a) as follows:6

12-28-104. Licensing - application - fee - fireworks licensing7

cash fund - creation. (1) No person shall sell, offer for sale, expose for8

sale, or possess with intent to sell permissible fireworks for retail until9

that person first obtains a retailer of fireworks license from the director10

of the division of fire safety PREVENTION AND CONTROL within the11

department of public safety and the permit, if any, required by section12

12-28-103 (1). Such retailer's license shall be good IS VALID only for the13

calendar year in which it is issued, shall apply APPLIES to only one retail14

location, and shall at all times be displayed at the place of business of15

such licensed retailer.16

(2) No person shall sell, deliver, consign, give, or furnish17

fireworks to a person authorized by section 12-28-103 to discharge18

fireworks in Colorado until that person first obtains a display retailer of19

fireworks license from the director of the division of fire safety within the20

department of public safety PREVENTION AND CONTROL and the permit, if21

any, required by section 12-28-103 (1).22


permissible fireworks to a retailer for resale in Colorado until that person24

first obtains a wholesaler of fireworks license from the director of the25

division of fire safety within the department of public safety PREVENTION26

AND CONTROL and the permit, if any, required by section 12-28-103 (1).27

1283-116-


fireworks for export outside of Colorado until that person first obtains an2

exporter of fireworks license from the director of the division of fire3

safety within the department of public safety PREVENTION AND CONTROL4

and the permit, if any, required by section 12-28-103 (1).5

(5) Applications for each display, retail, wholesale, and export6

license shall be filed with the director of the division of fire safety within7

the department of public safety PREVENTION AND CONTROL at least thirty8

days before the start of activities for which the license is required. Each9

such license shall be IS valid through September 1 of the year following10

the date on which the license was issued.11

(6) (a) All fees pursuant to this article shall be collected by The12

director of the division of fire safety within the department of public13

safety PREVENTION AND CONTROL SHALL COLLECT ALL FEES PURSUANT TO14

THIS ARTICLE.15

SECTION 33. In Colorado Revised Statutes, amend 12-28-10816

as follows:17

12-28-108. Storage of fireworks. All storage of fireworks shall18

be in accordance with the building and fire codes adopted by the19

governing body. If the governing body has not adopted a fire code, all20

storage of fireworks shall be in accordance with the fire code adopted by21

the director of the division of fire safety PREVENTION AND CONTROL22

WITHIN THE DEPARTMENT OF PUBLIC SAFETY pursuant to section23

24-33.5-1203.5, C.R.S.24


amend (b) as follows:26

12-29.3-109. Relation to other laws. (b) The division OFFICE of27

1283-117-

emergency management created in section 24-32-2105, C.R.S. SECTION1

24-33.5-705, C.R.S., pursuant to the emergency management assistance2

compact, may incorporate into the emergency forces of this state3

volunteer health practitioners who are not officers or employees of this4

state, a political subdivision of this state, or a municipality or other local5

government within this state.6


amend (1) (a), (2), (5), and (6) as follows:8

12-47.1-516. Licensed premises - safety conditions - fire and9

electrical. (1) (a) The building in which limited gaming will be10

conducted and the areas where limited gaming will occur shall meet11

safety standards and conditions for the protection of life and property as12

determined by the local fire official and the local building official. In13

making such determinations, the codes adopted by the director of the14

division of fire safety shall PREVENTION AND CONTROL WITHIN THE15

DEPARTMENT OF PUBLIC SAFETY pursuant to section 24-33.5-1203.5,16

C.R.S., constitute the minimum safety standards for limited gaming17

structures; except that, in connection with structures licensed for limited18

gaming and operating as such on or before July 1, 2011, any newly19

adopted building codes shall not be applied retroactively to structures that20

were newly constructed or remodeled to accommodate licensed limited21

gaming.22

(2) A certificate of compliance shall be issued to an applicant for23

a premises license by the local fire and building officials, and approved24

by the division of fire safety. A copy of the local inspection report shall25

be filed with the state division of fire safety. Once the division has26

deemed that the minimum requirements for fire safety PREVENTION AND27

1283-118-

CONTROL have been met, the division shall approve the certificate of1

compliance within five working days from receipt of the inspection2

report. If not acted upon within five days, the certificate of compliance3

shall be considered approved. Such certificate shall be current and valid4

and shall cover the entire building where limited gaming is conducted.5

(5) The state division of fire safety PREVENTION AND CONTROL6

and the state historical society shall provide technical assistance to the7

local building officials, the local fire officials, the local historical8

preservation commissions, and the commission upon request.9

(6) The commission shall act as an appeals board for any owner,10

fire official, building official, or the division of fire safety PREVENTION11

AND CONTROL who feels aggrieved by fire and life safety requirements or12

the lack of fire and life safety standards in buildings in which limited13

gaming will be conducted. If the commission fails to act upon an appeal14

within fourteen days after its receipt by the commission, the certificate of15

compliance shall be considered approved.16

SECTION 36. In Colorado Revised Statutes, amend 12-58-10417

(1) (k) as follows:18

12-58-104. Powers of board - fees - rules. (1) In addition to all19

other powers and duties conferred or imposed upon the board by this20

article, the board is authorized and empowered to:21

(k) Establish minimum requirements and standards for the22

inspection of multipurpose residential fire sprinkler systems in one- and23

two-family dwellings and townhouses that are part of the potable water24

supply, by requiring inspectors of multipurpose residential fire sprinkler25

systems in one- and two-family dwellings and townhouses to be certified26

by the division of fire safety PREVENTION AND CONTROL in the department27

1283-119-

of public safety pursuant to section 24-33.5-1206.4, C.R.S.1



15-18.6-101. Definitions. As used in this article, unless the4


(3) "Emergency medical service personnel" means any emergency6

medical technician at any level who is certified or licensed by the7

department of public health and environment. "Emergency medical8

service personnel" includes a first responder certified by the department9

of public health and environment or the division of fire safety10

PREVENTION AND CONTROL in the office of preparedness, security, and11

fire safety in the department of public safety, in accordance with section12

24-33.5-1205 (2) (c), C.R.S.13



15-18.7-102. Definitions. As used in this article, unless the16


(8) "Emergency medical service personnel" means an emergency18

medical technician who is certified or licensed by the department of19

public health and environment, created and existing pursuant to section20

25-1-102, C.R.S., or any first responder certified by the department of21

public health and environment or the division of fire safety PREVENTION22

AND CONTROL in the office of preparedness, security, and fire safety in the23

department of public safety, in accordance with part 12 of article 33.5 of24

title 24, C.R.S.25

SECTION 39. In Colorado Revised Statutes, amend 16-2.5-11226

as follows:27

1283-120-

16-2.5-112. Director of the division of homeland security and1

emergency management. The director of the office of preparedness,2

security, and fire safety DIVISION OF HOMELAND SECURITY AND3

EMERGENCY MANAGEMENT in the department of public safety is a peace4

officer whose authority shall include INCLUDES the enforcement of all5

laws of the state of Colorado and who may be certified by the P.O.S.T.6

board.7

SECTION 40. In Colorado Revised Statutes, 22-32-109.1,8

amend (4) (l) as follows:9

22-32-109.1. Board of education - specific powers and duties10

- safe schools. (4) School response framework - school safety,11

readiness, and incident management plan. Each board of education12

shall establish a school response framework that shall consist of policies13

described in this subsection (4). By satisfying the requirements of this14

subsection (4), a school or school district shall be in compliance with the15

national incident management system, referred to in this subsection (4) as16

"NIMS", developed by the federal emergency management agency. At a17

minimum, the policies shall require:18

(l) School district employee safety and incident management19

training, including provisions stating that completion of any courses20

identified by the department of public safety pursuant to section21

24-33.5-110 SECTION 24-33.5-1606.5 (3), C.R.S., as related to NIMS22

count toward the professional development requirements of a person23

licensed pursuant to article 60.5 of this title;24


(1) (c) as follows:26

22-32-124. Building codes - zoning - planning - fees - rules -27

1283-121-

definitions. (1) (c) All buildings and structures shall be constructed in1

conformity with the building and fire codes adopted by the director of the2

division of fire safety PREVENTION AND CONTROL in the office of3

preparedness, security, and fire safety in the department of public safety,4

referred to in this section as the "division".5


(6) as follows:7

23-60-304. Plans - development and implementation -8

credentialing - fees. (6) The board shall enter into a cooperative9

arrangement with the division of fire safety PREVENTION AND CONTROL10

in the department of public safety to develop a system in which a11

qualified volunteer firefighter may receive a tuition voucher to attend12

courses at an institution in the state system of community and technical13

colleges in accordance with section 24-33.5-1216, C.R.S.14


(1) (v) (I) and (1) (w) as follows:16

23-71-122. Junior college board of trustees - specific powers17

- rules - definitions. (1) In addition to any other power granted by law18

to a board of trustees of a junior college district, each board shall have the19

power to:20

(v) (I) Determine the location of each school site, building, or21

structure and construct, erect, repair, alter, rebuild, replace, and remodel22

buildings and structures without a permit or fee or compliance with a23

local building code. The authority delegated by this subparagraph (I) shall24

exist notwithstanding any authority delegated to or vested in any county,25

town, city, or city and county. Prior to the acquisition of land for school26

building sites or the construction of buildings thereon, the board of27

1283-122-

trustees of a junior college district shall consult with the planning1

commission that has jurisdiction over the territory in which the site,2

building, or structure is proposed to be located, on issues related to the3

location of the site, building, or structure in order to ensure that the4

proposed site, building, or structure conforms to the adopted plan of the5

community insofar as is feasible. All buildings and structures shall be6

constructed in conformity with the building and fire codes adopted by the7

director of the division of fire safety PREVENTION AND CONTROL, referred8

to in this section as the "division", in the office of preparedness, security,9

and fire safety in the department of public safety. The board shall notify10

the planning commission that has jurisdiction over the territory in which11

a site, building, or structure is proposed to be located, in writing, of the12

location of the site, building, or structure before awarding a contract for13

the purchase or the construction thereof.14

(w) Enter into a cooperative arrangement with the division of fire15

safety PREVENTION AND CONTROL in the department of public safety to16

develop a system in which a qualified volunteer firefighter may receive17

a tuition voucher to attend courses at a local community college,18

including Aims community college and Colorado mountain college, in19

accordance with section 24-33.5-1216, C.R.S.20

SECTION 44. In Colorado Revised Statutes, 24-4-102, repeal (3)21

(b) as follows:22

24-4-102. Definitions. As used in this article, unless the context23


(3) "Agency" means any board, bureau, commission, department,25

institution, division, section, or officer of the state, except those in the26

legislative branch or judicial branch and except:27

1283-123-

(b) The Colorado law enforcement training academy created in1

part 3 of article 33.5 of this title; and2


(8) as follows:4

24-32-703. Definitions. As used in this part 7, unless the context5


(8) "State agency" means any board, bureau, commission,7

department, institution, division, section, or officer of the state, except8

those in the legislative branch or judicial branch, and except state9

educational institutions administered pursuant to part 3 of article 33.5 of10

this title and title 23, C.R.S., excluding articles 8 and 9, parts 2 and 3 of11

article 21, and parts 2 to 4 of article 30 of title 23, C.R.S.12


amend (3) (g) as follows:14

24-33.5-1803. School safety resource center - created - duties.15

(3) The center has the following duties:16

(g) To provide information and resources relating to school safety,17

school emergency response planning and training, and interoperable18

communications in schools, as determined by the center, to the division19

of fire safety PREVENTION AND CONTROL in the department of public20

safety to be distributed to school districts and schools pursuant to section21

24-33.5-1213.4;22


(45) introductory portion and (45) (d) as follows:24

24-34-104. General assembly review of regulatory agencies25

and functions for termination, continuation, or reestablishment.26

(45) The following agencies, functions, or both shall terminate on July27

1283-124-

1, 2014:1

(d) The fire suppression program of the division of fire safety2

PREVENTION AND CONTROL, created pursuant to sections 24-33.5-1204.5,3

24-33.5-1206.1, 24-33.5-1206.2, 24-33.5-1206.3, 24-33.5-1206.4,4

24-33.5-1206.5, 24-33.5-1206.6, and 24-33.5-1207.6;5


(2) (a) (VIII) (A) as follows:7

24-72-204. Allowance or denial of inspection - grounds -8

procedure - appeal - definitions. (2) (a) The custodian may deny the9

right of inspection of the following records, unless otherwise provided by10

law, on the ground that disclosure to the applicant would be contrary to11

the public interest:12

(VIII) (A) Specialized details of security arrangements or13

investigations. Nothing in this subparagraph (VIII) shall prohibit14

PROHIBITS the custodian from transferring records containing specialized15

details of security arrangements or investigations to the office of16

preparedness, security, and fire safety DIVISION OF HOMELAND SECURITY17

AND EMERGENCY MANAGEMENT in the department of public safety, the18

governing body of any city, county, city and county, or other political19

subdivision of the state, or any federal, state, or local law enforcement20

agency; except that the custodian shall not transfer any record received21

from a nongovernmental entity without the prior written consent of such22

THE entity unless such information is already publicly available.23

SECTION 49. In Colorado Revised Statutes, 24-72-402, add (5)24

(aa) as follows:25

24-75-402. Cash funds - limit on uncommitted reserves -26

reduction in amount of fees - exclusions. (5) Notwithstanding any27

1283-125-

provision of this section to the contrary, the following cash funds are1

excluded from the limitations specified in this section:2

(aa) THE EMERGENCY FIRE FUND CREATED IN SECTION3

24-33.5-1220 (2), THE WILDLAND FIRE EQUIPMENT REPAIR FUND CREATED4

IN SECTION 24-33.5-1220 (3), AND THE WILDLAND FIRE COST RECOVERY5

FUND CREATED IN SECTION 24-33.5-1220 (3).6

SECTION 50. In Colorado Revised Statutes, 25-17-202.6,7


25-17-202.6. Waste tire cleanup fund - rules. (1) There is9

hereby created in the state treasury the waste tire cleanup fund, referred10

to in this section as the "fund", consisting of revenues credited pursuant11

to section 25-17-202 (3) (a) (II). All interest or any other return on the12

investments shall be deposited in the fund. At the end of each fiscal year,13

the state treasurer shall transfer all unexpended and unencumbered14

moneys in the fund to the processors and end users fund created in section15

25-17-202.5, except for an amount equal to thirty-three percent of the16

department's prior year direct and indirect costs. The general assembly17

shall make annual appropriations out of the fund to the department in an18

amount equal to the department's direct and indirect administrative costs19

incurred pursuant to this part 2, not to exceed twenty percent of the20

annual income to the fund and to the division of fire safety PREVENTION21

AND CONTROL in the department of public safety for its administrative22

costs pursuant to section 25-17-206 (3).23


(3) (a) (II) (B) and (5) (a) (VI) as follows:25

25-17-206. Registration of waste tire facilities -26

definitions. (3) (a) (II) (B) Upon request of the local fire authority, the27

1283-126-

director of the division of fire safety PREVENTION AND CONTROL in the1

department of public safety shall hire a contractor to provide technical2

assistance in the review of the program and, if appropriate, recommend3

changes necessary for the local fire authority to approve the program.4

(5) (a) Except as specified in paragraph (b) of this subsection (5),5

on and after a date specified by rule promulgated pursuant to section6

25-17-207 (1), a waste tire facility shall:7

(VI) Meet the standards and conditions for the safeguarding of life8

and property from fire as determined by the local fire authority. In making9

such determination, the fire code adopted pursuant to section10

24-33.5-1203.5, C.R.S., by the division of fire safety PREVENTION AND11

CONTROL within the department of public safety shall be used as the12

minimum fire safety standard for waste tire facilities.13

SECTION 52. In Colorado Revised Statutes, 29-3.5-101, amend14

(3) as follows:15

29-3.5-101. Definitions. As used in this article, unless the context16


(3) "State agency" means any board, bureau, commission,18

department, institution, division, section, or officer of the state, except19

those in the legislative branch or judicial branch and except state20

educational institutions administered pursuant to title 23, C.R.S. (except21

articles 8 and 9, parts 2 and 3 of article 21, and parts 2 to 4 of article 30).22

and part 3 of article 33.5 of title 24, C.R.S.23

SECTION 53. In Colorado Revised Statutes, 29-22-104, repeal24

(5) as follows:25

29-22-104. Right to claim reimbursement. (5) (a) (I) No later26

than June 15, 1999, the executive director of the department of public27

1283-127-

safety shall appoint a temporary committee on reimbursement for the1

costs of hazardous substance incidents. The executive director shall2

appoint as committee members representatives of facilities and3

transportation companies that produce or handle hazardous substances,4

insurance companies, fire departments and other hazardous substance5

incident response agencies, municipal and county governments, the6

Colorado state patrol, the division of fire safety, and such other entities7

as the director deems necessary and appropriate. The director shall8

appoint equal numbers of representatives of private and public entities to9

the committee.10

(II) The committee shall hold its first meeting no later than July11

1, 1999, and shall elect a chairperson at the first meeting. Subsequently,12

the committee shall meet at least once each month until it has made the13

written recommendations required by subparagraph (I) of paragraph (b)14

of this subsection (5) and may meet as often as the chairperson deems15

necessary. Members of the committee shall not receive compensation of16

any kind.17

(b) (I) No later than August 15, 1999, the temporary committee on18

reimbursement for the costs of hazardous substance incidents shall make19

written recommendations to the executive director of the department of20

public safety regarding guidelines for administering and resolving claims21

for reimbursement made pursuant to this section against any party or22

person responsible for a hazardous substance incident. Such23

recommendations may include recommendations for proposed legislation24

or administrative rules and shall include recommendations for an25

administrative process to ensure prompt mediation of disputes concerning26

claims for reimbursement made pursuant to this section by any public27

1283-128-

entity against any person or party responsible for a hazardous substance1

incident. Such recommendations shall be designed to provide public2

entities and persons or parties responsible for hazardous substance3

incidents with the opportunity to resolve claims for reimbursement that4

result from hazardous substance incidents in a timely and reasonable5

manner.6

(II) No recommendation made by the temporary committee on7

reimbursement for the costs of hazardous substance incidents shall be8

implemented or have the force and effect of law or rule, or be considered9

by any court or arbiter unless such recommendation is enacted into law10

or adopted by administrative rule in accordance with article 4 of title 24,11

C.R.S.12

(c) Repealed.13


(1) (b) as follows:15

33-32-108. Enforcement. (1) (b) As used in this section, "peace16

officer" means any division of parks and wildlife officer or any sheriff or17

city and county law enforcement officer certified by the Colorado law18

enforcement training academy PEACE OFFICERS STANDARDS AND19

TRAINING BOARD PURSUANT TO PART 3 OF ARTICLE 31 OF TITLE 24, C.R.S.20

SECTION 55. Repeal of provisions being relocated in this act.21

In Colorado Revised Statutes, repeal 23-31-203, 23-31-204, 23-31-30322

(1), 23-31-304, 23-31-305, 23-31-306, 23-31-307, 23-31-308, 23-31-309,23

23-31-313 (6) (a) (III), 24-1-125 (2) (m), (7), and (8), parts 21, 22, 23, 24,24

25, and 26 of article 32 of title 24, 24-33.5-108, 24-33.5-110, and25

24-33.5-1210.26

SECTION 56. In Colorado Revised Statutes, repeal 23-31-313 (4)27

1283-129-

(e).1

SECTION 57. Appropriation - adjustments in 2012 long bill.2

(1) For the implementation of this act, appropriations made in the annual3

general appropriation act to the governor - lieutenant governor - state4

planning and budgeting for the fiscal year beginning July 1, 2012, are5

adjusted as follows:6

(a) The federal funds appropriation for the office of homeland7

security is decreased by $10,201,205 and 6.0 FTE.8

(2) For the implementation of this act, appropriations made in the9

annual general appropriation act to the department of higher education for10

the fiscal year beginning July 1, 2012, are adjusted as follows:11

(a) The general fund appropriation for the college opportunity fund12

program, fee-for-service contracts with state institutions, is decreased by13

$310,045.14

(b) The reappropriated funds appropriation for governing boards,15

board of governors of the Colorado state university system, is reduced by16

$310,045 and 35.4 FTE. Said sum is from general fund appropriated to17

the college opportunity fund program, fee-for-services contracts with18

state institutions.19


annual general appropriation act to the department of local affairs for the21

fiscal year beginning July 1, 2012, are adjusted as follows:22

(a) The general fund appropriation to the executive director's23

office is increased by $189,328 and 3.0 FTE.24

(b) The reappropriated funds appropriation to the executive25

director's office is decreased by $274,749 and 3.0 FTE. Of this amount,26

$264,512 shall be from departmental indirect cost recoveries and $10,23727

1283-130-

shall be from the local government mineral and energy impact grants and1

disbursements line, which includes moneys in the local government2

severance tax fund created in Section 39-29-110 (1) (a) (I), Colorado3

Revised Statutes, and moneys in the local government mineral impact4

fund created in Section 34-63-102 (5) (a) (I), Colorado Revised Statutes.5

(c) The federal funds appropriation to the executive director's6

office is decreased by $173,433.7

(d) The reappropriated funds appropriation to the division of local8

governments is increased by $356,507 and 5.0 FTE. This amount shall be9

from departmental indirect cost recoveries.10

(e) The general fund appropriation to the division of local11

governments is decreased by $356,507 and 5.0 FTE.12

(f) The general fund appropriation to the division of emergency13

management is decreased by $213,396 and 8.2 FTE.14

(g) The reappropriated funds appropriation to the division of15

emergency management is decreased by $431,735 and 1.0 FTE. Of this16

amount, $356,507 shall be from departmental indirect cost recoveries and17

$75,228 shall be from the local government mineral and energy impact18

grants and disbursements line, which includes moneys in the local19

government severance tax fund created in Section 39-29-110 (1) (a) (I),20

Colorado Revised Statutes, and moneys in the local government mineral21

impact fund created in Section 34-63-102 (5) (a) (I), Colorado Revised22

Statutes.23

(h) The cash funds appropriation to the division of emergency24

management is decreased by $4,510,988. Of this amount, $4,500,00025

shall be from the disaster emergency fund created in Section 24-32-210626

(2) (a) (I), Colorado Revised Statutes, and $10,988 shall be from fees paid27

1283-131-

to the department for emergency training programs. 1

(i) The federal funds appropriation to the division of emergency2

management is decreased by $14,661,017 and 18.7 FTE. 3


annual general appropriation act to the department of public health and5

environment for the fiscal year beginning July 1, 2012, are adjusted as6

follows:7

(a) The general fund appropriation for administration and support,8

administration, is decreased by $19,060.9

(b) The general fund appropriation for the emergency preparedness10

and response division, emergency preparedness and response program, is11

decreased by $128,669 and 2.0 FTE.12


annual general appropriation act to the department of public safety for the14

fiscal year beginning July 1, 2012, are adjusted as follows:15

(a) The general fund appropriation for the executive director's16

office, for administration, is decreased by $127,223.17

(b) The general fund appropriation for the office of preparedness,18

security, and fire safety is decreased by $243,464 and 3.0 FTE.19

(c) The cash funds appropriation for the office of preparedness,20

security, and fire safety is decreased by $2,623,244 and 25.0 FTE. Of said21

sum, $1,614,500 is from the public school construction and inspection22

cash fund created in section 24-33.5-1207.7, Colorado Revised Statutes,23

and $1,008,744 is from various sources.24

(d) The reappropriated funds appropriation for the office of25

preparedness, security, and fire safety is decreased by $795,587 and 2.526

FTE. Of said sum, $634,549 is from appropriations to the Colorado state27

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patrol and $161,038 is from limited gaming funds appropriated to the1

department of revenue.2

(e) The federal funds appropriation for the office of preparedness,3

security, and fire safety is decreased by $1,287,665 and 8.5 FTE.4

SECTION 58. Appropriation. (1) In addition to any other5

appropriation, there is hereby appropriated, to the department of public6

safety, for the fiscal year beginning July 1, 2012, the sum of $739,284, or7

so much thereof as may be necessary, for allocation to the executive8

director's office for administration related to the implementation of this9

act. Of said sum, $268,032 is from various cash funds, $274,749 is from10

various reappropriated funds, and $196,503 is from federal funds.11

(2) In addition to any other appropriation, there is hereby12

appropriated, to the department of public safety, for the fiscal year13

beginning July 1, 2012, the sum of $8,932,916 and 65.4 FTE, or so much14

thereof as may be necessary, for allocation to the division of fire15

prevention and control related to the implementation of this act. Of said16

sum, $457,802 is from the general fund, $3,250,000 is from the wildlife17

preparedness fund created in 24-33.5-1226 (4) (a), Colorado Revised18

Statutes, $1,614,500 is from the public school construction and inspection19

cash fund created in section 24-33.5-1207.7, Colorado Revised Statutes,20

$1,000,000 is from the emergency fire fund created in section21

24-33.5-1220 (2) (a), Colorado Revised Statutes, $850,000 is from the22

wildland fire equipment repair cash fund created in section 24-33.5-122023

(3), Colorado Revised Statutes, $150,000 is from the wildlife emergency24

response fund created in section 23-31-309 (3) (a), Colorado Revised25

Statutes, $100,000 is from the wildland fire cost recovery fund created in26

section 24-33.5-1220 (4), Colorado Revised Statutes, $1,008,744 is from27

1283-133-

various sources of cash funds, $161,038 is reappropriated funds from1

limited gaming funds appropriated to the department of revenue, and2

$340,832 is from federal funds.3



beginning July 1, 2012, the sum of $19,869,798 and 28.9 FTE, or so6

much thereof as may be necessary, for allocation to the division of7

homeland security and emergency management, office of emergency8

management related to the implementation of this act. Of said sum,9

$622,565 is from the general fund, $4,500,000 is from the disaster10

emergency fund created in section 24-33.5-706 (2) (a), Colorado Revised11

Statutes, $10,988 is from fees paid for emergency training programs12

pursuant to sections 24-32-2105 (6) and 24-32-2106 (6), Colorado13

Revised Statutes, $75,228 is from reappropriated funds from14

appropriations to the department of local affairs, division of local15

governments, field services, for local government mineral and energy16

impact grants and disbursements, and $14,661,017 is from federal funds.17




thereof as may be necessary, for allocation to the division of homeland21

security and emergency management, office of prevention and security22

related to the implementation of this act. Of said sum, $634,549 is from23

reappropriated funds from appropriations to the Colorado state patrol and24

$1,178,833 is from federal funds.25



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thereof as may be necessary, for allocation to the division of homeland2

security and emergency management, office of preparedness related to the3

implementation of this act. Of said sum, $128,669 is from the general4

fund and $10,201,205 is from federal funds.5

SECTION 59. Effective date. This act takes effect July 1, 2012.6

SECTION 60. Safety clause. The general assembly hereby finds,7

determines, and declares that this act is necessary for the immediate8

preservation of the public peace, health, and safety.9

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Second Regular Session Sixty-eighth General Assembly STATE ...

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